Start of my unenforceabilty journey

[Joanna Connolly Solicitors]

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?

Are they allowed to credit check us without our permission?[/QUOTE]


Can you clarify some things for me (ideally re-quote this debt's full history).

Is this a NatWest debt which is a combination/amalgamation of a loan and an overdraft?

Is the debt owner still NatWest?

There's a difference between 'assigning' a debt (outsourcing collection) to a Debt Collection Agency such as Westcot, Robinson Way and/or Moorcroft, and assigning a debt (as in sold) to a debt purchaser.

I've read back through your thread and can see that NatWest deemed the account(s) unenforceable.

Di

[The Tech Clerk]

they can look at your file as their position in credit area

[unicorndeva]

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?

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?
Last edited by unicorndeva; 17th December 2019, 18:12.

Di, I believe Nat West have assigned this to Moorcroft to work for NatWest rather than sold it to them. The total owed is a combination of overdraft and loan.

[The Tech Clerk]

moorcroft are only collection agency acting for owners

[unicorndeva]

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).

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?
Last edited by unicorndeva; 17th December 2019, 18:12.

Di, I believe Nat West have assigned this to Moorcroft to work for NatWest rather than sold it to them. The total owed is a combination of overdraft and loan.[/QUOTE]

21st Feb 2020 - Letter from Moorcroft saying they are 'disappointed' that we haven't contacted them but would like to offer us a discount from our outstanding balance, although they don't say what that discount is. File with the rest of the stuff methinks!

[The Tech Clerk]

yes Moorcroft as stated only hopeful collectors on commission

[Joanna Connolly Solicitors]

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).

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?
Last edited by unicorndeva; 17th December 2019, 18:12.

Di, I believe Nat West have assigned this to Moorcroft to work for NatWest rather than sold it to them. The total owed is a combination of overdraft and loan.[/QUOTE]



Is this debt still with NatWest or have they assigned it to a debt purchaser knowing it to be unenforceable (as they themselves admitted)?

Di

[unicorndeva]

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?
Last edited by unicorndeva; 17th December 2019, 18:12.

Di, I believe Nat West have assigned this to Moorcroft to work for NatWest rather than sold it to them. The total owed is a combination of overdraft and loan.

Is this debt still with NatWest or have they assigned it to a debt purchaser knowing it to be unenforceable (as they themselves admitted)?

Di[/QUOTE]

Di, Nat West still own this debt.

4/12/2020 We have now moved house to a completely different area. Does this make our journey easier and can they trace us via credit checks etc?

[Joanna Connolly Solicitors]

Di, Nat West still own this debt.

4/12/2020 We have now moved house to a completely different area. Does this make our journey easier and can they trace us via credit checks etc?

That will depend on whether you have had your new/old address linked on the CRA files by anyone such as Royal Mail Redirect and/or DVLA when you change your driving licence details or V5 document.

I personally would rather people know where I am so at least I can deal with whatever life throws at me.

If they don't trace you and issue/serve a court claim at your old address you may get a CCJ (Default Judgment) if you don't respond within the court timeframe. You would then have to make an Application for a Set Aside once you discover this.

Maybe update your Diary debt posts to see who is most likely to want to pursue you etc.

Welcome to your new home

Di

[unicorndeva]

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

Owned by RBS Mint, managed by Wescot
Credit card
Unsure of start date 2006?
£2200
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 in Feb Wescot wrote back asking us to write to original creditor. New CCA request sent 15/5/2017

07/06/17 Agreement received. Sent to Niddy for checking.

12/06/17 Sadly, Niddy says it's enforceable

July 2017 - Debt assigned to Cabot UK

2018 - Several chasing letters from Cabot

23/8/2018 - Chasing letter from Resolvecall on behalf of Cabot

6/9/2018 - Doorstep visit from Resolvecall

7/9/2018 - CCA request sent to Cabot along with a letter (from templates) disallowing Cabot or their representatives to visit my home without an appointment.

27/03/2021 - Still receiving chasing letters from Cabot despite the fact that they have'nt provided a copy of the original agreement. Do I request agreement again? Just worried they will turn up on my doorstep again. Also, the letters are being sent to my new address even though I haven't given it to them. How did they get it?

[nightwatch]

just ignore it all, they could of checked CRA files for the address, or a letter sent to old address returned and gave them your new one.

[Still Waving]

If they are writing to your current address, you shouldn't be in danger of missing anything important which they may send you.

[Warwick65]

I had both a mint and a NatWest credit card. When with the OC they supplied compliant cca responses but once sold to Cabot I asked Cabot and they couldn’t supply. I suspect the OC couldn’t be bothered to go looking. As it happened the default notices were a bit iffy as well

[PlanB]

27/03/2021 - Still receiving chasing letters from Cabot despite the fact that they have'nt provided a copy of the original agreement. Do I request agreement again? Just worried they will turn up on my doorstep again. Also, the letters are being sent to my new address even though I haven't given it to them. How did they get it?

Definitely don't send another CCA Request to Cabot (yet), especially since the credit agreement RBS Mint sent you in response to your CCA Request to them in 2017 was deemed enforceable by Niddy at the time.

The account was subsequently assigned/sold to Cabot only a month later so there may have been other things awry which was why RBS got shot of it.

The longer you hold off sending a new CCA Request the better. Keep that up your sleeve for later in the hope that Cabot weren't given ongoing access to any documentation when they purchased the debt four years ago.

I can't see when you last made a payment to anyone via your DMP, so when was that? The last contractual payment was ten years ago.

Di

Edit: I’ve only just noticed that you sent a CCA Request to Cabot in September 2018, but also say in your last post that they haven’t provided you with a “copy of the original agreement”. Does that mean there was no response to your CCA Request whatsoever, or did they send you something (e.g. a reconstituted credit agreement and/or Ts & Cs) ?

[unicorndeva]

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

Owned by RBS Mint, managed by Wescot
Credit card
Unsure of start date 2006?
£2200
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 in Feb Wescot wrote back asking us to write to original creditor. New CCA request sent 15/5/2017

07/06/17 Agreement received. Sent to Niddy for checking.

12/06/17 Sadly, Niddy says it's enforceable

July 2017 - Debt assigned to Cabot UK

2018 - Several chasing letters from Cabot

23/8/2018 - Chasing letter from Resolvecall on behalf of Cabot

6/9/2018 - Doorstep visit from Resolvecall

7/9/2018 - CCA request sent to Cabot along with a letter (from templates) disallowing Cabot or their representatives to visit my home without an appointment.
27/03/2021 - Still receiving chasing letters from Cabot despite the fact that they have'nt provided a copy of the original agreement. Do I request agreement again? Just worried they will turn up on my doorstep again. Also, the letters are being sent to my new address even though I haven't given it to them. How did they get it?

21/05/2021 - Received a letter from Resolvecall who are working on behalf of Cabot chasing this debt. Do I need to do anything or just file away?