RhodriMawr's UE Journey

[nightwatch]

they may, but it's an expensive way to find out, you could just try complaining to the CRA's, saying they are reporting a default on an account that was defaulted 12 years ago, they will tell you to take it up with arrow, but if you say Arrow are saying they are not the creditor and wont deal with you they may check their own archives, even though they shouldn't keep the recorrd that long. I know they do as they sent me a copy of my 2006 credit report when I made a formal complaint.

I have had a few accounts that have been defaulted for a second time, it is a hassal to deal with as the CRA's appear to be a law unto themselves, but they were removed, one company sent me some compensation as an appology

[RhodriMawr]

Re: RhodriMawr's UE Journey

Type of Account – Lombard Direct CC
Date Commenced – November 1999
Approx Balance - £197
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Westcot (Acting for RBS)
2017
March 21^st – CCA Request Sent.
April 27th - What looks to me like a good legible signed copy of an agreement is supplied. Interestingly I have ticked the "Credit Card Repayment Protection" box so I am replying with a SAR unless anybody strongly recommends I shouldn't.
Update August 2017 - I did a SAR for this Lombard CC and found out that I had previously received a PPI refund on the account. I then put in a claim for refund of a number of charges between £18 and £20 and received a reply that they would not be refunding and would not cooperate if I escalated the claimto the FO because of the 6 year rule. Interestingly when I checked the terms and conditions I received when I did a CCA request, charges are specified as been £12:00, does this constitute incorrect / missing terms and conditions?
August 15th 2017 - Notice of Assignment from Nat West Cards Customer Services that my account has been sold to Cabot and an introductory letter from Cabot promising that my experience will be different. I will wait until they get forceful and then request a CCA and issue SWID?

[RhodriMawr]

Type of Account – Lloyds TSB Credit Card
Date Commenced – Approx 2000
Approx Balance - £4324
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21st – CCA Request Sent.

April27th - Letter received from RW dated April 22nd stating that they have been informed by their client that the CCA request had been actioned and the relevant documents posted to me. Nothing received so far.

June 14th - No CCA has been provided so far. I have today received a letter from Lloyds Bank informaing me that the debt has been transferred to DCA Moorcroft Group. Do I need to do anything?

June 23rd - Moorcroft have made contact. A text asking me to contact them and two letters warning of possible further actions. All ignored.

July - A couple of letters received offering monthly instalment offers,saying that they will continue to try and make contact with me and threatning referral to their Home Collection Division and the possible continued reporting of an adverse entry to my credit file.

August 15th- After replying to Moorcroft's last letter pointing out that Lloyds TSB and not fulfilled my CCA request, that the account had been passed to them from RW while in dispute and also pointing out that I was not inviting their doorstep collectors to visit my property, I have received a reply dated 15/08 stating that the account is on hold for 30 days while Moorcroft contact the Client for the CCA. They also emphasise that they are not enforcing the debt,only trying to get me to cooperate in making affordable payments. That will be a monthly arrangement of £0:00 until they can come up with an enforcable CCA then.

[RhodriMawr]

Type of Account – Lloyds TSB Credit Card
Date Commenced – Approx 2000
Approx Balance - £4324
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21st – CCA Request Sent.

April27th - Letter received from RW dated April 22nd stating that they have been informed by their client that the CCA request had been actioned and the relevant documents posted to me. Nothing received so far.

June 14th - No CCA has been provided so far. I have today received a letter from Lloyds Bank informaing me that the debt has been transferred to DCA Moorcroft Group. Do I need to do anything?

June 23rd - Moorcroft have made contact. A text asking me to contact them and two letters warning of possible further actions. All ignored.

July - A couple of letters received offering monthly instalment offers,saying that they will continue to try and make contact with me and threatning referral to their Home Collection Division and the possible continued reporting of an adverse entry to my credit file.

August 15th- After replying to Moorcroft's last letter pointing out that Lloyds TSB and not fulfilled my CCA request, that the account had been passed to them from RW while in dispute and also pointing out that I was not inviting their doorstep collectors to visit my property, I have received a reply dated 15/08 stating that the account is on hold for 30 days while Moorcroft contact the Client for the CCA. They also emphasise that they are not enforcing the debt,only trying to get me to cooperate in making affordable payments. That will be a monthly arrangement of £0:00 until they can come up with an enforcable credit agreement.

August 26th- Letter received today from Lloyds Pitreavie CC Operations that also had my previous letter to Moorcroft attached. The letter states that I have not provided a valid account number and they cant trace my account with the details provided. The details provided included my name , address, Moorcroft Client Reference Number and another Moorcroft Reference Number. They also state "Please be aware that S78 only applies during the lifetime of an agreement. If you're account has been closed and paid in full then there would no longer be a regulated agreement between us. In view of the above we are unable to provide you with documentation as requested.

[JLC]

So, are they saying you don't owe them anything if the account has been closed and paid in full?

[RhodriMawr]

I would interpret as such, certainty they cannot chase a debt that they themselves cannot identify. This is the 2nd debt to which I have had the same response from Lloyds, see post #27. The last statement I had from Step Change showed a balance outstanding of £4324:93 with payments to date of £2160.

[nightwatch]

in such a case I would wait and see what Moorcroft send/ do next,I intend to ignore till they start to demand, then just send a quick, I believe you had a copy of this from LLoyds, attach a copy of Lloyds letter, and add that you take it that LLoyds do not have a CCA for the alledged account.

[The Tech Clerk]

Moorcroft being only collectors for claimant on commssion

[RhodriMawr]

Robinson Way
Type of Account – Tesco Credit Card
Date Commenced – Approx 2000
Approx Balance - £6854
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21^st – CCA Request Sent.
September 23rd - The worst reverse since I started the journey. After 6 months I have received a copy of my signed application form from October 2000 with reconstituted terms and a few statements. Have sent to Niddy and he believes it is ENFORCEABLE.

[nightwatch]

Bummer, RW sent me my Tesco agreement but my terms are from 2012 and not 1999 when I took the card out.
they photocopied the terms in such a way you cant see the date on the bottom, but I have a copy of the ones from 2012 and the ones sent are Identical,the others they sent were from 2004

[The Tech Clerk]

They have to send up to date terms as well, also the original terms & conditions, maybe they are having difficulty finding originals??

[Roger]

They have to send up to date terms as well, also the original terms & conditions, maybe they are having difficulty finding originals??

I would simply wait and see what RW send!
A missing P/T's might be appropriate at some point but why alert them to their errors!!

[RhodriMawr]

Thanks for your replies. I might double check with Niddy, he said we can't argue UE because it is post April 2007 but it is from year 2000.

[Pat]

If it was from 2000 they will need to prove they PTs were there when you signed it.

In any event, even if an agreement looks enforceable it is not necessarily enforceable because of the rest of the CCA - just ask Niddy and his post 2007 card.

Very often, or so I am told, these recon terms and conditions often have flaws such as wrong phone numbers etc - even better when someone has moved- wrong address i.e current not historic one

[RhodriMawr]

Robinson Way
Type of Account – Tesco Credit Card
Date Commenced – Approx 2000
Approx Balance - £6854
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21^st – CCA Request Sent.
September 23rd - The worst reverse since I started the journey. After 6 months I have received a copy of my signed application form from October 2000 with reconstituted terms and a few statements. Have sent to Niddy and he believes it is ENFORCEABLE.
October 2nd - Niddy has had another look and has confirmed missjng T & C's hopefully making this one now UNENFORCEABLE.