Start of my unenforceabilty journey

[unicorndeva]

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.

[unicorndeva]

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).

[cymruambyth]

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.

[unicorndeva]

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!!!

[Roger]

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?

[Spud]

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

[unicorndeva]

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?

[Roger]

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) .

[unicorndeva]

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?

10/10/2019 - This debt has now been passed to Moorcroft Debt Recovery. Had a letter from them requesting payment.

17/12/2019 - My husband checked his credit report to find that Moorcroft have credit checked him. Are they allowed to do this?

[Joanna Connolly Solicitors]

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

[unicorndeva]

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.

[nightwatch]

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

[Joanna Connolly Solicitors]

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

[unicorndeva]

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).

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

10/10/2019 - This debt has now been passed to Moorcroft Debt Recovery. Had a letter from them requesting payment.

17/12/2019 - My husband checked his credit report to find that Moorcroft have credit checked him. Are they allowed to do this? [/QUOTE]

Are they allowed to credit check us without our permission?

[nightwatch]

Yes they can and will, I take it this debt is in His name? They are checking to see if you are at that address and what other debt'd/ credit accounts you have.
This is in the hope you have very few debts and can afford to pay them.