Pip's UE Diary

[Pip]

Although it may only apply if the borrower has told the debt owner the debt is SB (7.15.8) despite the fact they have told you that it is!

If their ongoing correspondence becomes tiresome maybe you need to tell them that the reason you're not paying is because the debt is Statute Barred.

Thanks very much, Di!
I'll leave them to it for the time being. Will be nice if the other DCAs also write spelling it out for me! It was quite nice hearing it from the horse's mouth without me needing to tell them first ...

[Joanna Connolly Solicitors]

2018
MAR Letter from Intrum 1st Credit is now Intrum. Pay this month and we will write off 90% of your balance. You should be aware that the period for recovering your debt by court action has expired, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment.

I'm not sure what they mean when they say "within our rights to continue . . "

The FCA handbook CONC 7.15 sets out when they can and can't pursue a SB debt > https://www.handbook.fca.org.uk/hand...ate=2015-10-26

Although it may only apply if the borrower has told the debt owner the debt is SB (7.15.8) despite the fact they have told you that it is!

If their ongoing correspondence becomes tiresome maybe you need to tell them that the reason you're not paying is because the debt is Statute Barred.

CONC 7.15.8

R

01/04/2014

RP

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.
[Note: paragraph 3.15b of DCG]

Di

[Still Waving]

You could thank them for their letter, then say "But really - why go to the expense of asking?"

[Pip]

Re: Pip's UE Diary

Pip's account no. 3
Lloyds TSB
Start date: Jan 2004
Balance as of Dec 2011: approx. £13,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued November 2010.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request letter sent to Lloyds TSB (Royal Mail delivery conf. printed)
JAN Letter from B*L*S*** Collections saying payment plan is now in arrears [payment into DMP reduced in December]. "To avoid action, blah, make payment with debit or CREDIT CARD. Contact CAB or CCCS."
JAN Identical letter to one above from B*L*S*** Collections, dated/arriving one day later
JAN Reply to CCA request received from Lloyds TSB -- Niddy says !

>>>> snipped -- see post #3 for rest

2017
DEC Letter from 1st Credit We are aware that you have raised a dispute/query on the above account. // What happens next // We will contact the original creditor to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information. We will suspend collections activity on this account whilst we endeavour to obtain these documents.
// What you can do: Please send us any information you have in relation to your dispute/query. This can include: details of what the dispute relates to; copies of any letters from the original creditor relating to your dispute; copies of any letters to the original creditor. // Please be assured that 1st Credit will assist you in resolving any outstanding queries.
2018
MAR Letter from Intrum 1st Credit is now Intrum. Pay this month and we will write off 90% of your balance. You should be aware that the period for recovering your debt by court action has expired, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment.

A first! A DCA being kind enough to tell me it's statute barred! Does this mean I can write to them to tell them to stop contacting me? Or will they say, "We're asking, not demanding, so we'll continue to write to you".

[Pip]

Re: Pip's UE Diary
Pip's account no. 7
Sainsbury's
Start date: June 2004
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Feb 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request sent to Sainsbury's Bank (Royal Mail delivery conf. printed)
JAN CCA received-- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter to Sainsbury's

----Lots snipped, please see post #7 for full diary

2016
OCT Letters from Sainsbury's Bank + Cabot in same envelope --- Account has been sold to Cabot Credit Management Group as of August (not October date of letter).
NOV Letter from Cabot We really want to help you. We understand that you may not be able to pay ... What could happen if you don't talk to us? -- Credit file may be affected // -- We may have to consider other ways to recover your debt // -- You will receive calls or letters until you contact us // -- The outstanding amount will remain due. // Have a great day and we look forward to talking to you very soon.
DEC Letter from Cabot We have previously explained that there are several options available ... // We do need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan ... // If you're having any difficulties in being able to pay then it is important you tell us. // Your account may be reported on your credit file and may affect your ability to obtain credit ...// If we do not hear from you we will continue to contact you to help you resolve your outstanding balance.
2017
----Lots snipped, please see post #7 for full diary

DEC Letter from Cabot We help thousands of customers set up affordable repayment plans each month and we would like to do the same for you. An illustrative example [£1000 debt, £50 disposable monthly income; pay £41.67 a month for two years/£16.67 for five years]. These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account. Talk to us etc.
2018
MAY Letter from Cabot External agency recovery notification -- This letter is to notify you that as we have not come to a mutual agreement to repay your account, Cabot will be passing your account out to Ruthbridge Limited, a debt collection agency.
MAY Letter from Ruthbridge (in same envelope) We have been instructed by Cabot Financial Europe Ltd who have passed to above debt to us for collection of the outstanding balance. As we have now been appointed their agent, you should now make sure you contact us and not Cabot. We are authorised to negotiate repayment of the debt with you. We would like to resolve this matter taking into account your current financial situation and working with you to agree repayment terms that are affordable with you. // We are able to discuss various repayment options, these include: // Repayment of the debt by realistic instalments over an agreed period, subject to your financial circumstances and periodic review. // Early settlement of the debt by payment of a single lump sum. Under these circumstances if may be possible to agree a significantly reduced figure to be accepted as a settlement on the account. // To avoid any further action it is important that you make contact with us on the telephone number above so we may work together to agree a solution in line with your personal circumstances. // You should be aware this debt will remain outstanding if ignored and we urge you to work with us to get the matter resolved as quickly as possible.
MAY Letter from Ruthbridge We have received no response to our previous attempts to establish contact with you regarding the unpaid defaulted account above. In an effort to amicably resolve the situation we are prepared to offer a discount to settle the balance of up to 70%, subject to criteria. The payment must be received in our offices no later than [less than a week's time!]. The payment would be accepted in settlement of your liability and will also ensure that you are not pursued for the remaining balance at any point in the future by us or our client. // If you fail to contact us to discuss this offer further, propose an alternative arrangement for the repayment of the balance or advise us of the reasons why you are unable to pay, we may return the account to our client who may look at alternative activity. // We would rather resolve this matter amicably and ask that you contact us to make this possible. If you are in a postion to take advantage of our settlement offer once your remittance has been received and cleared, our client where applicable will update the credit reference agencies to mark your account as partially settled.

Well, it didn't take them long to write again, but I'll be filing and ignoring this one as well. Seems the worst they can threaten is to send it back to Cabot "who may look at alternative activity"...

[Still Waving]

Just got this today. I think the debt is now statute barred, and I wouldn't know how to respond in such a case, but I'm happy to keep quiet and ignore this as there's nothing threatening, and there's little Ruthbridge can do as they don't own the debt!

That's exactly the right thing to do.

[Pip]

Re: Pip's UE Diary
Pip's account no. 7
Sainsbury's
Start date: June 2004
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Feb 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request sent to Sainsbury's Bank (Royal Mail delivery conf. printed)
JAN CCA received-- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter to Sainsbury's

----Lots snipped, please see post #7 for full diary

2016
OCT Letters from Sainsbury's Bank + Cabot in same envelope --- Account has been sold to Cabot Credit Management Group as of August (not October date of letter).
NOV Letter from Cabot We really want to help you. We understand that you may not be able to pay ... What could happen if you don't talk to us? -- Credit file may be affected // -- We may have to consider other ways to recover your debt // -- You will receive calls or letters until you contact us // -- The outstanding amount will remain due. // Have a great day and we look forward to talking to you very soon.
DEC Letter from Cabot We have previously explained that there are several options available ... // We do need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan ... // If you're having any difficulties in being able to pay then it is important you tell us. // Your account may be reported on your credit file and may affect your ability to obtain credit ...// If we do not hear from you we will continue to contact you to help you resolve your outstanding balance.
2017
----Lots snipped, please see post #7 for full diary

DEC Letter from Cabot We help thousands of customers set up affordable repayment plans each month and we would like to do the same for you. An illustrative example [£1000 debt, £50 disposable monthly income; pay £41.67 a month for two years/£16.67 for five years]. These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account. Talk to us etc.
2018
MAY Letter from Cabot External agency recovery notification -- This letter is to notify you that as we have not come to a mutual agreement to repay your account, Cabot will be passing your account out to Ruthbridge Limited, a debt collection agency.
MAY Letter from Ruthbridge (in same envelope) We have been instructed by Cabot Financial Europe Ltd who have passed to above debt to us for collection of the outstanding balance. As we have now been appointed their agent, you should now make sure you contact us and not Cabot. We are authorised to negotiate repayment of the debt with you. We would like to resolve this matter taking into account your current financial situation and working with you to agree repayment terms that are affordable with you. // We are able to discuss various repayment options, these include: // Repayment of the debt by realistic instalments over an agreed period, subject to your financial circumstances and periodic review. // Early settlement of the debt by payment of a single lump sum. Under these circumstances if may be possible to agree a significantly reduced figure to be accepted as a settlement on the account. // To avoid any further action it is important that you make contact with us on the telephone number above so we may work together to agree a solution in line with your personal circumstances. // You should be aware this debt will remain outstanding if ignored and we urge you to work with us to get the matter resolved as quickly as possible.

Just got this today. I think the debt is now statute barred, and I wouldn't know how to respond in such a case, but I'm happy to keep quiet and ignore this as there's nothing threatening, and there's little Ruthbridge can do as they don't own the debt!

[Joanna Connolly Solicitors]

I believe this account (along with all my others) is statute barred now! But from what I understand from a thread I started a year and a bit ago (which I think I'll resurrect), it's best not to gloat or to leap into informing them about the SB unless things get threatening. So of course this friendly letter will go unanswered!

That letter doesn’t say what they will do if you don’t accept their offer by the end of April so not answering is your next move.

I also agree that it’s best not to gloat about the debt being Statute Barred because that may only trigger a court claim that you’ll have to defend which can be stressful however confident you are about the SB status.

It’s okay to feel smug though

Di

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
Start date: Oct 2005
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued April 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2011 = Pre-AAD days
JUN Moorcroft: Notice of "intended litigation", referring to Halifax as "our client"
JUN CCA request letter sent to Moorcroft

----- Snipped -- see post #2 for rest

2012 = now following AAD guidance
JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
JAN From Moorcroft: Missed call (early morning weekend) and text from Moorcroft: Please contact us immediately on 0161 ... to discuss your overdue payment on account no. xxx. Another missed call from Moorcroft a few days later (evening)
JAN Moorcroft letter: Records show not paid Halifax full amount [did pay them something in Dec though]. Unless payment received by return of post, we may recommend to our clients that they instruct their solicitors to commence legal proceedings without further notice. Neither we nor client wish to take this step; call us on above no. and we would be happy to agree a repayment plan.Note: Moorcroft don't own this debt, they know payment has continued to go to Halifax, so why the hell bother paying the monkey (or indeed the organ grinder)...
JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.

----- Snipped -- see post #2 for rest

2013
JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.

----- Snipped -- see post #2 for rest

NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

2014
MAR Letter from CapQuest: Letter containing bunch of unformatted statements and T&Cs. and "Please contact our Collections department to arrange suitable method of payment. Account on hold for 30 days to allow you time to contact us regarding repayment".
APR Sent CCA request to Capquest
APR Response from CapQuest: Letter containing signed application form and original terms (no "current" terms included). Also bunch of statements (weirdly formatted) and going back way before default. Covering letter states "Please call us to discuss payment options on this account".
MAY "LETTER OF CLAIM under the Practice Direction- Pre Action Conduct" from CapQuest: As a result of your failure to respond we must now consider your account for legal action. Your a/c is being passed through our pre-action validation and checks (e.g. residential/employment status). // Any claim will be issued in the name of CapQuest Investments Ltd and will be for the unpaid balance. We are not aware of any dispute relating to the account but are willing to discuss with you any issues relating to our claim and to seek to resolve them through alternative dispute resolution methods. Our preferred method is a without prejudice discussion with you or your advisers. We refer you to the Practice Direction - Pre Action Conduct which provides that parties should exchange information before starting proceedings. Para 4 allows the court to impose sanctions on a party who does not comply with its requirements. // You can avoid the possibility of a claim being issued by phoning our team of negotiators on .... to discuss payment options or by letter setting out your payment proposals. You do not have to pay the full balance immediately. // We will allow you a further 14 days to contact us. If you do nothing we will complete our pre-action checks which may result in your account being sent to our solicitors for a claim to be issued in the County Court.
MAY Sent Formal Letter Before Action Response to Capquest
JUL Received from Capquest: We've received your correspondence. Lloyds Banking Group have advised us that the default notice was issued in April 2011. A copy of this notice is no longer available.
2017
JAN Letter from CapQuest: We are contacting you to make you aware of a discount option now available to you. We are prepared to offer a settlement figure which would reduce your remaining balance and could represent a significant saving for you. [...] Even if the offer of a settlement does not currently suit your circumstances, it is important you still contact us to arrange an affordable monthly repayment plan.
2018
MAR Letter from CapQuest: Settlement Opportunity. We'd like to give you the option to settle your £7,000 balance for £4,200. [...] Payment can be made any time until end of April. [...] If this offer is not suitable, we can work with you to set up a repayment plan tailored to your current financial circumstances. We look forward to hearing from you.

First I've heard from them in 14 months. A generous offer. Yeah, I really feel like shoving four grand down the nearest drain.
I believe this account (along with all my others) is statute barred now! But from what I understand from a thread I started a year and a bit ago (which I think I'll resurrect), it's best not to gloat or to leap into informing them about the SB unless things get threatening. So of course this friendly letter will go unanswered!

[Westham1]

HiPip, I received a visit from Resolvecall today. Have they been to your house yet? You're in a better position than me as I still have another 13 months toSB

[Pip]

Great -- thanks everyone! It's amazing how Cabot's letters have remained so softly worded after all this time ... although you never know, maybe it gets them better results in the long term (with non-AAD members, at any rate!)

[CAPS ESC]

Hello Pip,

I have received the same letters as you. I am about 12 months behind you for SB. I will not be responding to them and if Resolvecall visit I will ask them politely to leave.

Exactly the same for me,WH1.

I would certainly not make any contact with them Pip.

I have had 1 doorstep visit from a different DC during my whole journey. I did not confirm my name, I simply asked if they had an appointment to see 'whoever', then sternly suggested they go away and make one. The caller looked quite put-out as she left without another word. And the icing on the cake is that I have since heard less from this DC than any other.

[Westham1]

Hello Pip,

I have received the same letters as you. I am about 12 months behind you for SB. I will not be responding to them and if Resolvecall visit I will ask them politely to leave.

[Susie]

I think considering how close this is to SB that I would ignore it and risk someone turning up as it will take a while for them to get round to visiting, longer to report back, longer still for Cabot to decide what letter to send next - and of course IF they did turn up you can tell them to remove themselves from your property and close the door on them. Hopefully by the time it all plays out you will be safely in SB land

[Still Waving]

Hmm. RBS seem to have forgotten that they sold the account on. Meanwhile, I have made no contact with Cabot whatsoever since they started writing to me a year and a half ago. I don't believe I've ever had a doorstep visit despite plenty of letters about the possibility over the years. A visit of course doesn't worry me, and I'm wondering whether it's worth breaking my silence with Cabot over this, as in to send a Do Not Visit letter? The rest of the their letter is kid-gloves stuff and I think I can safely consider all my accounts to be SB by the end of Feb (I started on the AAD UE path at the start of January 2012). My instinct at this stage would be not to bother writing anything until perhaps the doorstep visit actually happens (or not)...

Someone else on the site has just had that Cabot letter. Like you, I have not yet responded to Cabot's letters, and it seems likely that I shall be receiving the same letter. Looks like Resolvecall are going to be very busy clocking up mileage expenses.