DNW's UE Diary

[Still Waving]

A VERY good win for you and team JCS. Well done to all.

[Sam Audley]

Hi DNW,

We are glad that we were able to assist you and that we got the result you were hoping for.

Please do not hesitate to contact us again, should you require any advice.

Many thanks
Sam

[DNW]

Re: DNW's UE Diary


*** STRUCK OUT ***


Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received from Barlcays
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 11/08/14 - We made an error with your interest and are reducing the balance by £0.00
22. 2014-2019 - Only statements & arrears notices received
23. 20/11/19 - Statement received
24. 22/11/19 - We're going to transfer your account to PRA
25. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
26. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays
27. 05/02/20 - Sent SAR to Barclays
28. 05/02/20 - Stopped token payments
29. 27/02/20 - Received SAR documents
30. 23/09/20 - Received from PRA - 30 days to contact them else they'll consider my account for 'next stage'.
31. 24/10/20 - Received from PRA - Letter before claim
32. 03/12/20 - Received from PRA - Statement of Account
33. 21/05/21 - Received from PRA Group - Notice of arrears
34. 04/06/21 - Received from PRA - Letter before claim
35. 20/07/21 - Claim received
36. 25/07/21 - Joanna Connolly Solicitors instructed
37. 01/12/21 - Claim struck out

*** STRUCK OUT ***
01/12/21 - Claim struck out

Just a little update to this, a seemingly enforceable loan 10 years ago - I'm here to show that if you are able to wait it out and play the long game, patience pays off.

I couldn't be happier with the service received from the JCS team, every (very reasonable) penny spent was worthwhile as they took the stress, hassle and legalities out of mine and into their own very experienced and successful hands.

Thank you to AAD, JCS and everyone who has encouraged me to keep playing this game of poker

[stuckinarut]

springs to mind. bye bye Cabot

[DNW]

Re: DNW's UE Diary

Hitachi Capital

Name - Hitachi Capital
Type of account - Loan
Date commenced - May 10
Approx balance - £800
Date last paid - Mar-11 
Arrangement/not paying - Not paying
Status - In Arrears (DN Rec'd)
Account owner - Cabot

Key:
Them
Me
Other

Activity

1. 13/04/11 DD cancelled letter
2. 14/04/11 Refuse £1 and will default than pass to Recovery
3. 09/06/11 Arrears Notice
4. 12/07/11 Default notice and now passed to Recovery
5. 12/07/11 Discount offer rec'd - 30% of £800 (£247) within 14 days
6. 24/07/11 My letter - counter offer £150
7. 27/07/11 Letter rec'd - £150 refused
8. 01/08/11 Payments cancelled
9. 17/08/11 CCA Request sent
10. 27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
11. 14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
12. 19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
13. 11/10/11 Letter sent - Unenforceability Templates - Section 3
14. 22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received
15. 07/11/11 Letter sent - I will report you to ICO for breaching my CCA request, you do NOT need my signature Demand for Sig - Niddy's letter
16. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
17. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
18. 09/02/12 Sent Account Sold whilst in Dispute in response
19. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
20. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)
21. 23/06/13 - Niddy says (unsurprisingly)
22. 01/07/13 - Blagging it for now with CCA Query - Missing Prescribed Terms - allaboutDEBT UK
23. 25/07/13 - Received from Cabot - they would like to assure me that a true copy was supplied, and ask which terms I believe were missing
24. 19/08/13 - Received from Cabot - They will move to next stage collections if they don't hear from me.
25. 29/08/13 - Sent Final Response - http://www.all-about-debt.co.uk/inde...e-cca-received
26. 19/10/13 - Received from Cabot - You have not told us which terms you believe are missing... it is evident that you are delaying repayment even though you previously made payment which is evidence that you acknowledge responsibility for the account.
27. 30/12/13 - Received from Cabot - Please contact us to discuss payment
28. 07/01/14 - Received from Cabot - Please contact us to discuss payment, we are very flexible
29. 08/03/14 - Considered sending low final settlement offer, but didn't follow it up
30. 12/03/14 - Received from Cabot - You must contact us
31. 07/04/14 - Received from Cabot - Statement & Notice of Arrears
32. 28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services
33. 03/05/14 - Received from Marlin - We are in the process of advising our client to take litigation action. It is our intention to instruct a solicitor to issue court proceedings to seek a CCJ.
34. 06/05/14 - Sent to Marlin - CCA request
35. 10/05/14 - Received from Marlin - We'll request a copy of your agreement and get back to you
36. 03/03/15 - Received from Marlin/Cabot - We've changed our name and note you're yet to agree a repayment plan. (Filed).
37. 09/07/15 - Received from Cabot - Here's a copy of your agreement now please agree a payment plan. (Filed).
38. 23/01/16 - Received from Cabot - We'd like to help you arrange a payment plan, please contact us. (Filed).
39. 04/02/16 - Received from Cabot - Statement of account showing no transactions March 14 - Feb 15. (Filed).
40. 04/02/16 - Received from Cabot - We've still not heard from you, please contact us to agree a repayment plan. (Filed).
41. 19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a clain and we might decide to do that.
42. 24/02/16 - Sent to Cabot - LBA
43. 05/03/16 - Received from Cabot - Here's you agreement and statement from July 15. The NOA will be sent separately. We're contacting the OC for for the default and termination notice and will suspend activity while we await this information. (Filed, no action necessary).
44. 30/06/16 - Received from Cabot - Here's a copy of your Default Notice. Please contact us to arrange payment. (Filed)
45. 20/08/16 - Received from Cabot - Statement of account (Filed)
46. 08/03/17 - Received from Cabot - Statement of account (Filed)
47. 23/08/18 - Received from Cabot - Welcome to Cabot, we've recently confirmed your address and want the payment process to be as easy as possible. Please contact us to agree a payment plan.(Filed)
48. 07/09/18 - Received from Cabot - Pay £80 to close your account(Filed)
49. 05/07/21 - Received from Cabot - We're passing your account to Ruthbridge Ltd(Filed)
50. 05/07/21 - Received from Ruthbridge Ltd - We've been instructed by Cabot, please contact us to agree a payment plan(Filed)
51. 12/07/21 - Received from Ruthbridge Ltd - We'd like to give you a discount, please contact us(Filed)

Update

12/07/21 - Received from Ruthbridge Ltd - We'd like to give you a discount, please contact us.



Much as I appreciate their offer, I shan't be replying to this as it's still as SB as it was when they wrote to me a couple of weeks ago

[PlanB]

Update

05/07/21 - Received from Cabot - We're passing your account to Ruthbridge Ltd[
05/07/21 - Received from Ruthbridge Ltd - We've been instructed by Cabot, please contact us to agree a payment plan


This account hasn't been paid or acknowledged for almost 10 years, so I'll file away their latest correspondence.

I can see that you sent Cabot the forum 'LBA' response template letter in 2016 and they haven't tried that again since.

If they were so confident that the debt/credit agreement was enforceable you'd think they would have issued a claim by now, and they haven't, so maybe they realise the debt is Statute Barred.

I agree with the others - just file that letter and see what happens next.

Di

[Grassy_K]

That's what I would do.

My experience has been that Ruthbridge send the occasional letter, then give up.

And if you don't pay up, they often send a very low full and final settlement offer, in a 'last gasp' attempt. In my experience. Not suggesting the offer should be accepted, of course. And certainly not in this case.

[Still Waving]

That's what I would do.

My experience has been that Ruthbridge send the occasional letter, then give up.

[DNW]

Re: DNW's UE Diary

Hitachi Capital

Name - Hitachi Capital
Type of account - Loan
Date commenced - May 10
Approx balance - £800
Date last paid - Mar-11 
Arrangement/not paying - Not paying
Status - In Arrears (DN Rec'd)
Account owner - Cabot

Key:
Them
Me
Other

Activity

1. 13/04/11 DD cancelled letter
2. 14/04/11 Refuse £1 and will default than pass to Recovery
3. 09/06/11 Arrears Notice
4. 12/07/11 Default notice and now passed to Recovery
5. 12/07/11 Discount offer rec'd - 30% of £800 (£247) within 14 days
6. 24/07/11 My letter - counter offer £150
7. 27/07/11 Letter rec'd - £150 refused
8. 01/08/11 Payments cancelled
9. 17/08/11 CCA Request sent
10. 27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
11. 14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
12. 19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
13. 11/10/11 Letter sent - Unenforceability Templates - Section 3
14. 22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received
15. 07/11/11 Letter sent - I will report you to ICO for breaching my CCA request, you do NOT need my signature Demand for Sig - Niddy's letter
16. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
17. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
18. 09/02/12 Sent Account Sold whilst in Dispute in response
19. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
20. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)
21. 23/06/13 - Niddy says (unsurprisingly)
22. 01/07/13 - Blagging it for now with CCA Query - Missing Prescribed Terms - allaboutDEBT UK
23. 25/07/13 - Received from Cabot - they would like to assure me that a true copy was supplied, and ask which terms I believe were missing
24. 19/08/13 - Received from Cabot - They will move to next stage collections if they don't hear from me.
25. 29/08/13 - Sent Final Response - http://www.all-about-debt.co.uk/inde...e-cca-received
26. 19/10/13 - Received from Cabot - You have not told us which terms you believe are missing... it is evident that you are delaying repayment even though you previously made payment which is evidence that you acknowledge responsibility for the account.
27. 30/12/13 - Received from Cabot - Please contact us to discuss payment
28. 07/01/14 - Received from Cabot - Please contact us to discuss payment, we are very flexible
29. 08/03/14 - Considered sending low final settlement offer, but didn't follow it up
30. 12/03/14 - Received from Cabot - You must contact us
31. 07/04/14 - Received from Cabot - Statement & Notice of Arrears
32. 28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services
33. 03/05/14 - Received from Marlin - We are in the process of advising our client to take litigation action. It is our intention to instruct a solicitor to issue court proceedings to seek a CCJ.
34. 06/05/14 - Sent to Marlin - CCA request
35. 10/05/14 - Received from Marlin - We'll request a copy of your agreement and get back to you
36. 03/03/15 - Received from Marlin/Cabot - We've changed our name and note you're yet to agree a repayment plan. (Filed).
37. 09/07/15 - Received from Cabot - Here's a copy of your agreement now please agree a payment plan. (Filed).
38. 23/01/16 - Received from Cabot - We'd like to help you arrange a payment plan, please contact us. (Filed).
39. 04/02/16 - Received from Cabot - Statement of account showing no transactions March 14 - Feb 15. (Filed).
40. 04/02/16 - Received from Cabot - We've still not heard from you, please contact us to agree a repayment plan. (Filed).
41. 19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a clain and we might decide to do that.
42. 24/02/16 - Sent to Cabot - LBA
43. 05/03/16 - Received from Cabot - Here's you agreement and statement from July 15. The NOA will be sent separately. We're contacting the OC for for the default and termination notice and will suspend activity while we await this information. (Filed, no action necessary).
44. 30/06/16 - Received from Cabot - Here's a copy of your Default Notice. Please contact us to arrange payment. (Filed)
45. 20/08/16 - Received from Cabot - Statement of account (Filed)
46. 08/03/17 - Received from Cabot - Statement of account (Filed)
47. 23/08/18 - Received from Cabot - Welcome to Cabot, we've recently confirmed your address and want the payment process to be as easy as possible. Please contact us to agree a payment plan.
48. 07/09/18 - Received from Cabot - Pay £80 to close your account
49. 05/07/21 - Received from Cabot - We're passing your account to Ruthbridge Ltd
50. 05/07/21 - Received from Ruthbridge Ltd - We've been instructed by Cabot, please contact us to agree a payment plan

Update

05/07/21 - Received from Cabot - We're passing your account to Ruthbridge Ltd[
05/07/21 - Received from Ruthbridge Ltd - We've been instructed by Cabot, please contact us to agree a payment plan


This account hasn't been paid or acknowledged for almost 10 years, so I'll file away their latest correspondence.

[Roger]

It would undoubtedly have been for consolidating other debts, possibly a loan and a couple of credit cards at the time, but it was never going to be enough to pay off everything so was doomed to fail from the start - but I think it was the highest I could get at the time on an unsecured loan, and it made overall monthly payments slightly more manageable at the time.

The word Dressing a Turd springs to mind!
There are different CCA for the various and different types of Debts. Can't assume that these old debts were legally and individually enforible!
Barclays may well have been keen to cover TURD'S with a so called Enforcible CCA Loan!

Others will explain in more detail BUT it looks to me as if PRA have brought a TURD!

[DNW]

It would undoubtedly have been for consolidating other debts, possibly a loan and a couple of credit cards at the time, but it was never going to be enough to pay off everything so was doomed to fail from the start - but I think it was the highest I could get at the time on an unsecured loan, and it made overall monthly payments slightly more manageable at the time.

[Never-In-Doubt]

We're chatting on email. Don't send / do anything just yet please. We'll sort a solution off-forum and then you can update on that side of things.

Interesting point above - what happened, can you recall?

[Roger]

Ok the next question is was this Loan a Consolidation of existing Debts?
I am intrigued why a unsecured debt of £15000 was created in 2008!
If this wasn't new debt but rather old debts then what were these old debts?

[DNW]

Maybe send a new CCA request but do it via PRA as it'll give more time while they return it / action it. If anything leave the cheque payee blank!

But if it was me, I'd not want them issuing based on an enforceable agreement! When did you last make any payment of any sort?

The last payment would've been I think Jan or Feb last year, so less than 18 months ago (and sadly definitely not 6 years+ ago!).
I'll dust off my printer and get a CCA sent to PRA.

I notice your dealings with Barclays date back 2011 with a Default Notice dated 15/06/2011.
Did Barclays use MERCERS perchance in dealing with your Debt? If so was the Default Notice issued by MERCERS?

Unfortunately not Mercers, mine came direct from Barclays.

[PlanB]

Default Notice dated 15/06/2011.
Did Barclays use MERCERS perchance in dealing with your Debt? If so was the Default Notice issued by MERCERS?

. . . . which was a Non-Trading company at the time

Which begs the question: how can a business with 0 employees (according to their accounts filed at Companies House which also state that their assets were a mere £2) issue and serve a compliant Default Notice.

Di