Announcement

Collapse
No announcement yet.

Start of my unenforceabilty journey

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • wned by Link, originally Barclaycard
    Credit card
    Unsure of start date
    1000
    Last full payments were in 2010/11
    Being paid on a DMP
    Defaulted and may not be on our credit file (will have to check).

    CCA requested Feb 2017

    15/06/17 Letter from Link returning a CCA from Barclaycard which is actually just the T's and C's (no agreement), but it has two different addresses on. Sent to Niddy for checking.

    29/06/17 Niddy says it's UE

    5/9/2018 - Several chasing letters from Link this year

    12/09/18 - Another chasing letter.

    Undated - Letter from Link without a date on saying that the debt was sold to IDR Finance UK II Ltd on 26/10/12. Also saying that even though they are entitled to ask for the whole amount now they would like us to pay by monthly direct debit (dd form at the bottom of the letter. I'm confused as this is the first I've heard of IDR Finance.

    Comment


    • Re: Start of my unenforceabilty journey

      So here goes with all of our debts:

      Owned by Natwest, managed by Wescot
      Bank loan and overdraft (combined by creditor for the DMP)
      Loan commenced in July 2007, overdraft bank account commenced in the 1980's
      18800 outstanding
      Last full payment in 2010/11
      Being paid on a DMP
      Defaulted


      CCA request sent end of Feb 2017. Wescot wrote back advising us to request it from Natwest direct.
      New CCA request sent 15th May 2017

      23rd Oct 2017 - Letter from NatWest admitting the debt is unenforceable but asking us to pay anyway. I'll guard this with my life!
      Sept 2018 - Several statements of account have been sent since last up dated.[/QUOTE]

      20/10/2018 - This is an interesting one. We have had 3 letters (in the same envelope) from Nat West, each with different account numbers on but no value, saying the same thing. They have passed the account/s to Westcot Credit Services Ltd. Nat West deemed this unenforceable and I think it's because they merged the two accounts when the DMP was set up (it was a current account and a loan) but we've always paid it on one account number. Haven't heard from Westcot yet.

      24/12/2018 - Statement of account for NWB Loan Account but not for the other two accounts they claim we had (we can only remember the loan and the overdraft which they put into one account for the DMP).

      Comment


      • If your accounts have been sold by Link to IDR then I believe you must have received letters of assignment for them to be enforceable. If you still have the envelopes keep them and put date received on them.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • That's the thing though... they havent been sold by Link to IDR. When on the DMP we paid Link and we are being chased for payment by Link currently. We have just received these odd undated letters stating that the accounts were sold to IDR in 2012 and then asking us to set up a direct debit. I'm not sure what's going on!!!

          Comment


          • Originally posted by unicorndeva View Post
            That's the thing though... they havent been sold by Link to IDR. When on the DMP we paid Link and we are being chased for payment by Link currently. We have just received these odd undated letters stating that the accounts were sold to IDR in 2012 and then asking us to set up a direct debit. I'm not sure what's going on!!!
            When did you receive that letter from LINK?
            On receipt of that letter Have you DATE marked and SAVED the envelope that it was sent with?

            On an Assignment you should have been sent in writing the Assignment stating the Original Creditor plus the New Owner and the date .
            Are you saying that you never received this?.
            I suggest a SAR on your DMP to start with (this will cover ALL your accounts and paperwork received by the DMP.

            On Links letters do these say anywhere who the owner is? or just saying Link?
            Last edited by Roger; 5th February 2019, 15:31.

            Comment


            • As Roger has advised, First point of call would be to send an SAR ( GDPR) request to whoever handled your DMP - To get all the necesssary information
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • Originally posted by Roger View Post
                When did you receive that letter from LINK?
                On receipt of that letter Have you DATE marked and SAVED the envelope that it was sent with?

                On an Assignment you should have been sent in writing the Assignment stating the Original Creditor plus the New Owner and the date .
                Are you saying that you never received I suggest a SAR on your DMP to start with (this will cover ALL your accounts and paperwork received by the DMP.

                On Links letters do these say anywhere who the owner is? or just saying Link?
                Unfortunately I didn't date mark them and I didn't keep the envelopes.

                Just to confirm... I can SAR the DMP provider? I didn't know I could do this.

                I don't remember receiving anything to say the debts had been reassigned. We have always paid and been chased by LINK. When copy agreements were requested it was replied to by Link.

                Is IDR a different company to link?

                Comment


                • In taking control of your debts background information may or may not be important but its wise to file (and make notes from other diaries with similar Cases)
                  We all have our files, including notes as we go along and find out more and more information (this helps Us make informed decisions!)

                  Finding out the Current Owner of a Debt is very important as well as dates and details of assignments etc..

                  Companies House info on
                  IDR Finance UK II Ltd

                  https://beta.companieshouse.gov.uk/c...99437/officers
                  You will see there three Link Companies as registered Officers.

                  The Financial Conduct Authority entry for
                  IDR Finance UK II Ltd
                  http://fca-consumer-credit-interim.f...w?accId=652521
                  Cancelled
                  08/06/2015 .
                  This information should be noted and filed carefully away as part of your filing! Time and date stamped!

                  Hence sending a SAR to your DMP Provider (will cover ALL of your debts with them and payments received, made etc.. PLUS communication between them and DCA's OL )
                  This is your right under GDPR. You do not need to send 10 (this was the fee before GDPR) .



                  Comment


                  • Originally posted by unicorndeva View Post
                    Re: Start of my unenforceabilty journey

                    So here goes with all of our debts:

                    Owned by Natwest, managed by Wescot
                    Bank loan and overdraft (combined by creditor for the DMP)
                    Loan commenced in July 2007, overdraft bank account commenced in the 1980's
                    18800 outstanding
                    Last full payment in 2010/11
                    Being paid on a DMP
                    Defaulted


                    CCA request sent end of Feb 2017. Wescot wrote back advising us to request it from Natwest direct.
                    New CCA request sent 15th May 2017

                    23rd Oct 2017 - Letter from NatWest admitting the debt is unenforceable but asking us to pay anyway. I'll guard this with my life!
                    Sept 2018 - Several statements of account have been sent since last up dated.
                    20/10/2018 - This is an interesting one. We have had 3 letters (in the same envelope) from Nat West, each with different account numbers on but no value, saying the same thing. They have passed the account/s to Westcot Credit Services Ltd. Nat West deemed this unenforceable and I think it's because they merged the two accounts when the DMP was set up (it was a current account and a loan) but we've always paid it on one account number. Haven't heard from Westcot yet.

                    24/12/2018 - Statement of account for NWB Loan Account but not for the other two accounts they claim we had (we can only remember the loan and the overdraft which they put into one account for the DMP).[/QUOTE]

                    03/05/2019 - Nat West have now assigned this debt to Robinson Way. Do we request copy agreements from them again?

                    Comment


                    • Is Robinson Way acting as a Debt Collection Agent for NatWest or has it been sold to a debt purchaser such as Hoist who use Robinson Way to collect their debts?

                      Di
                      Legal Disclaimer

                      I am a Litigation Executive at
                      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • Originally posted by Diana Mayhew View Post
                        Is Robinson Way acting as a Debt Collection Agent for NatWest or has it been sold to a debt purchaser such as Hoist who use Robinson Way to collect their debts?

                        Di
                        Hi Di,

                        They say they have assigned the debt to Robinson Way for them to act as their new collection agent.

                        Comment


                        • Robinson way have been trying to collect a few of my accounts for years, I would miss their letters if I told them they are all either UE, SB or both.

                          must be costing them a fortune in man power ink and postage, I may reply one day, but not yet.

                          just wait while RW write to you, then post on here.

                          enjoy your weekend xx
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Originally posted by unicorndeva View Post
                            03/05/2019 - Nat West have now assigned this debt to Robinson Way. Do we request copy agreements from them again?

                            I've only just seen your question.

                            Definitely do not send a new s77/78 CCA Request since NatWest have not complied with the request you sent them over two years ago.

                            And better still, you say they wrote to tell you the debt was unenforceable as a result

                            NatWest may eventually assign it to a debt purchaser but in the meantime there's nothing you need to do.

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at
                            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment

                            Who's Viewing Thread: 1 (0 members and 1 guests)
                            Working...
                            X