Start of my unenforceabilty journey

[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?

[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

[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?

[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!!!

[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]

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).

[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

Owned by Link, original creditor MBNA
Credit card
1994
£2450
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).

15/05/2017 CCA returned and checked by Niddy as UE

09/09/2018 - Several chasing letters have been sent since last updated
05/10/2018 - Statement of account received

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]

Owned by Link originally MBNA
Credit card
Started 2006
£7900 outstanding
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 returned and checked by Niddy - UE
Owned by Link

09/09/2018 - Several chasing letters have been sent sincle last updated

27/10/2018 - Statement of account received.

We have been receiving many phone calls from Link on all our phone numbers. Agreements have been deemed unenforceable by Niddy. We don't take the calls so don't know which accounts they apply to.

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]

PRA Group, originally Barclaycard
Credit card
Unsure of start date
£1866.78
Last full payments were in 2010/11
Being paid on a DMP
Both defaulted and may not be on our credit file (will have to check).

CCA request sent Feb 2017

01/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.
03/06/17 Letter from PRA Group enclosing a letter from Barclaycard saying there's a reconstituted copy of the credit agreement including terms attached (but it only looks like the terms are attached and those terms give one address for me on one part and another address for me on another part). PRA Group have said they currently deem the account as unenforceable and then give the usual blurb about how they still have the right to chase it etc.
05/09/17 - PRA sent statement of account

26/10/2018 - Letter received asking if I could settle my account, offering a pitiful reduction. They have deemed this account as unenforceable so I'm pretty sure I won't settle my account!!!

7th Dec. 2018 - Letter offering a reduction if I pay now. Don't think I will though!

[unicorndeva]

Thank you, Di Still a long way to go though!

[Joanna Connolly Solicitors]

It's nice to read your updates showing that the threats have stopped and you're now in control of the situation not them

Di

[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.

[unicorndeva]

Owned by Link originally MBNA
Credit card
Started 2006
£7900 outstanding
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 returned and checked by Niddy - UE
Owned by Link

09/09/2018 - Several chasing letters have been sent sincle last updated

27/10/2018 - Statement of account received.

We have been receiving many phone calls from Link on all our phone numbers. Agreements have been deemed unenforceable by Niddy. We don't take the calls so don't know which accounts they apply to.

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link, original creditor MBNA
Credit card
1994
£2450
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).

15/05/2017 CCA returned and checked by Niddy as UE

09/09/2018 - Several chasing letters have been sent since last updated

05/10/2018 - Statement of account received