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Invisible Man's UE diary

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  • Invisible Man's UE diary

    Background to how I got into this mess:

    Around 10 years ago I had a well-paid job and a top notch credit score. I had a few credit cards I hardly used, but no outstanding debt. I went into a lone business venture for a pension pot. I borrowed heavily through bank loans. They couldn’t chuck the money at me fast enough. A few months later, completely out of the blue, I was made redundant by my employer of many years. For the first time in my life, I got depressed. Very depressed. Then the business venture collapsed, and things got even worse. I was out of work for the best part of a year before finding a (much lower paid) job.

    Anyway, during the period of un-employment my finances were running out. I ended up using the credit cards to make the repayments on the loans, then also to make the repayments on the cards, before everything was maxed out, I ran out of money, and found myself well and truly up the proverbial creek. I had around £125k of unsecured debt with around a dozen creditors, some pre-, some post-2007. At first I took on the creditors, with SARs etc, but wasn’t too sure what I was doing or what I was trying to achieve. Defaults followed, and unfortunately I ended up in bed with a Grantham based debt advice outfit who advised me a DMP was the best solution. All of the creditors opted in to the DMP, except one which took me to court. I defended myself as a LiP (some learning curve) and the outcome was a Tomlin order which I have long since paid off.

    I had one other debt which was a car repossession which was not included in the DMP. Several times the lender threatened through their solicitor to issue proceedings, and each time I have advised them of my defence, then heard nothing more. That debt is now SB, but I will include it in my diary eventually as it is an interesting case study, which I count one of my few ‘successes’.

    Fast forward 8 years of DMP, never missed a payment, and still over 40 years to go, I can’t really see the point of continuing (with the DMP). During that time the majority of accounts have been ‘sold on’ once or more, and some of the settlement offers they make show just how little they pay for the ‘debt’. What a system!

    So I have now decided enough is enough, and I don’t need this hanging over me. I want my life back. I have seriously considered bankruptcy, but, practically speaking, this isn't the best option, given my age. I have little in the way of assets. I have a partner who is fully aware of my debt, but it is all in my name only.

    Having stopped the DMP payments recently, the letters have started from creditors. However, I have found this excellent site, taken encouragement from others that have gone down the same path before, and I’m up for the challenge. I'm not looking to avoid paying debt, but when it appears that creditors and debt purchasers haven't acted legitimately, or bothered to follow the rules prescribed by law, then they need to be challenged to prove they have done so.
    Even getting to this point, I feel so much better, already like a weight has been lifted from me. So, here goes

    Thanks to Pixie for a ready made format for diary threads, which I have gratefully plagiarised.

    Key:
    Red text = creditor action
    blue text = my action
    green text = comment
    Last edited by InvisibleMan; 11th June 2017, 19:44.

  • #2
    Re: Invisible Man's UE diary

    HALIFAX (BANK of SCOTLAND)

    Credit card
    Date commenced: 2002
    Balance approx: £4,000
    Date last full payment: 2009
    Currently not paying
    Status in arrears, defaulted 2009
    Account owner: PRA


    Key:
    Red text = creditor action
    blue text = my action
    green text = comment


    2009
    Sept
    S.87 default notice served by Halifax
    2010
    Feb 1st
    SAR sent to Halifax

    Feb 19th Reply from Halifax. Includes Recon copy of 'agreement', which appears to be just T&Cs (See my comment at bottom of post). State they will send original agreement under separate cover. Warning about not using the services of a claims management company!
    Mar 1st Send letter to Halifax pointing out I made a subject access request, not S.78, therefore I want a copy of the original agreement. They did not respond to this letter
    Mar 6th Letter from Halifax admitting they are unable to provide a copy of the original agreement
    2013
    July 8th Letter from Halifax stating account assigned to Activ Kapital
    July 8th Letter from Aktiv Kapital stating they have purchased account from LLoyds(!?). Since then it has always been referred to as a Lloyds account

    2014
    Nov letter received saying Activ Kapital has changed name to PRA Group
    2015
    Jan letter received saying account assigned to PRA No notice of assignment received
    2017
    Jan Stopped payments
    May letter received demanding payment Ignored
    June letter before claim received from PRA investigation & litigation dept. Letter demands response within x days or court proceedings will be issued
    June 6th S.77-79 & LBA request letters sent to PRA
    June 14th Letter recvd from PRA in response to CCA request stating account on hold whilst they obtain requested information.
    June16th Letter recvd from PRA asking me to complete and return income & expenditure. Ignored
    June 18th Agreement sent to to Niddy

    Apart from the recon 'agreement' Halifax sent me above in response to SAR, I also have what I believe may be an original, similar, document when opening the account. However, they have very different content. Both sent to Niddy

    June 25th Niddy says the 'agreements' are just random terms, so are Advised to send missing PTs template if they pursue it

    August 2018 - over a year later - letter received from PRA in response to my S.77-79 & LBA request, enclosing a 'copy' of alleged agreement. Ignored.
    November 2018 Letter before Claim received from PRA dated November, requiring response deadline later in December
    December 2018Agreement sent to Niddy






    Last edited by InvisibleMan; 9th December 2018, 23:43. Reason: Update

    Comment


    • #3
      Re: Invisible Man's UE diary

      go to templates LBA2016
      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


      • #4
        Re: Invisible Man's UE diary

        Thanks for the advice, I've found it. Still send even though I haven't yet made a CCA request to them?

        Comment


        • #5
          Re: Invisible Man's UE diary

          Originally posted by InvisibleMan View Post
          Still send even though I haven't yet made a CCA request to them?
          Send a s 77-79 CCA Request to PRA asap.

          Send it by Royal Mail Signed For (1st Class). Don't forget the £1 postal order for the statutory fee.

          Who is the author of that letter from PRA? And what date was it sent and what is the deadline for your response?

          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


          • #6
            Re: Invisible Man's UE diary

            Thanks Di, I'll send the CCA request today. Do I still need to also send the LBA2016 template as suggested by Tech Clerk below?

            Can I PM you re the letter details, as I'm a bit anxious about being identified if I give too much detail publicly. Or am I being overly cautious?

            Thanks again for your advice.

            Comment


            • #7
              Re: Invisible Man's UE diary

              Definitely send the LBA 2016 template as well.

              By all means PM or email the letter details to Di, even though you probably are being overcautious. You could also post the details here that Di asks for; I can't see there being anything in those which would identify you.
              Let your smile change the world but don't let the world change your smile


              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


              • #8
                Re: Invisible Man's UE diary

                Originally posted by Pixie View Post
                Definitely send the LBA 2016 template as well.

                By all means PM or email the letter details to Di, even though you probably are being overcautious. You could also post the details here that Di asks for; I can't see there being anything in those which would identify you.
                Thanks Pixie, I'll send the LBA today as well. I'll try not to let myself get too paranoid

                Comment


                • #9
                  Re: Invisible Man's UE diary

                  Originally posted by Diana Mayhew View Post
                  Who is the author of that letter from PRA? And what date was it sent and what is the deadline for your response?Di
                  Surjit Gida, Solicitor and Interim Head of Litigation.
                  Last edited by InvisibleMan; 5th June 2017, 15:38.

                  Comment


                  • #10
                    Re: Invisible Man's UE diary

                    Originally posted by InvisibleMan View Post
                    Surjit Gida, Solicitor and Interim Head of Litigation. Letter sent 23 May, deadline for response 8 June. Reason for delay is it was redirected from my previous address
                    In which case send the CCA Request and the LBA Response today by Royal Mail Recorded Delivery in separate envelopes.

                    The forum's recent LBA response template is here (you need to send the right one) > http://forums.all-about-debt.co.uk/s...l=1#post547530

                    What is the situation with the mail redirection from your previous address?

                    If a claim is served on that address then you would need to make an application for a set aside etc which takes time and money plus there's a risk that if the court considers it's your fault PRA didn't know your current address (i.e. are you on the electoral roll where you now live etc?) your application could fail.

                    It may make sense to let PRA know your current address since as far as they are concerned legal proceedings are imminent (that's why I asked you who sent that letter). At the moment PRA issue their own claims in-house, they don't instruct solicitors.

                    And yes they do prowl the forums. I know that for a fact.

                    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


                    • #11
                      Re: Invisible Man's UE diary

                      Originally posted by InvisibleMan View Post
                      I'll try not to let myself get too paranoid
                      You're not being paranoid at all.

                      We recently acted for a client where they had posted 'too much information' on another forum. Not only did the Claimant use the information (date of the Default Notice) but they took screenshots of the thread posts and produced them as evidence to the court!

                      If in doubt, send me an email which is in my signature below.

                      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


                      • #12
                        Re: Invisible Man's UE diary

                        I've sent the CCA request and LBA response today as you advise below.

                        I'll message you re the address bit.

                        Comment


                        • #13
                          Re: Invisible Man's UE diary

                          Originally posted by InvisibleMan View Post
                          I'll message you re the address bit.
                          Okay, email is best (it saves me the faff of logging in each time )

                          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


                          • #14
                            Re: Invisible Man's UE diary

                            I have one query if anyone can advise please. What is the best thing to do when having a change of address. Do you advise notifying creditors immediately? Is there any legal requirement to tell them, or does it matter if you don't tell them and get mail re-directed from what effectively becomes a correspondence address? Does anyone have experience of being in this situation?

                            Comment


                            • #15
                              Re: Invisible Man's UE diary

                              CRA records get changed to show new/old addresses as per Banks etc, many people in debt fall foul of debt purchasers who get a CCJ by default as served on old address then it cost monies to get set a side and defend, the onus is on you you inform or take the chance, then a set aside stating sent to old address can be a headache if some smart DJ ask why you did not inform the new address to bank/credit card company etc etc also if you do not have a good case to act on after a set aside can be refused. just thoughts?

                              These days it is near impossible to stay invisible = excuse the Pun!!
                              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

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