Pip's UE Diary

[Pip]

Re: Pip's UE Diary

NIddy has said it's illegible -- to wait and hear from them again and respond accordingly!

[Pip]

Re: Pip's UE Diary

Thanks all. I've uploaded it and emailed Niddy. It looks like a bit of a belt-and-braces job -- they've been waist-deep in document boxes in the depths of Lloyds TSB's musty cellars.
The final two pages (of the many received) contain the the header "PrintAccountPreSue" CREDITSOLVE - LIVE -- LEGAL REPORT.

I'm trying not to worry (useless thing to do, I know) or read to much into things. This is my biggest debt and it had been a sleeping dog for the past 21 months!! I know though that we're all in very safe hands here at AAD.

[nanna58]

Re: Pip's UE Diary

Always good to let Niddy take a look x

[helmsman]

Re: Pip's UE Diary

It may not be enforceable........ There are a lot of potential errors with Lloyd's paperwork

Hi,
So true I can vouch for that.

Helmsman.

[cymruambyth]

Re: Pip's UE Diary

It may not be enforceable........ There are a lot of potential errors with Lloyd's paperwork

[JLC]

Re: Pip's UE Diary

Email the paperwork to Niddy - there may be problems with it.

[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
Snipped -- please see post #3 for rest
2014
DEC Notice of Assignment from Lloyds Lloyds has assigned all of its respective rights, title and interest in respect of this account (inc. outstanding balance) to 1st Credit (Finance) Ltd.
DEC Letter from 1st Credit Following assignment from Lloyds Bank plc, we would like to introduce 1st Credit (Finance) Ltd as the new legal owner of the outstanding debt. Please contact us to discuss repayment options.
2015
JAN Letter from 1st Credit If we don't hear from you, we can't help. [...] Should no contact be made with 1st Credit an escalation in collections activity may be considered. We prefer to not pursue this course of action and encourage you to engage with us to reach a resolution.
JAN Sent CCA request to 1st Credit
JAN Letter from 1st Credit (automated letter dated same day as they received the CCA request as per Royal Mail conf.) County Court proceedings are being considered. Regrettably, we are considering whether we should issue County Court proceedings against you. If a CCJ is registered against you, you may find it difficult to obtain credit at competitive rates. We would prefer not to pursue this course of action and encourage you to engage with us to reach an agreeable solution.
JAN Letter from 1st Credit Thank you for your recent communication. We are aware that you have requested a copy of your original credit agreement and/or statements for the duration of your account. We will contact the original creditor. We will suspend collections activity whilst the matter is under investigation. Please be assured that 1st Credit Ltd will assist you in resolving any outstanding queries.
JUN Letter from 1st Credit Annual statement enclosed. Should you wish to discuss this further please contact us. The details enclosed within this letter are for your information and we encourage you to take the time to read through them. // Blah convenient payment options.
2017
MAR Letter from 1st Credit We enclose a signed copy of your credit agreement and a true copy of your credit agreement at the time the account was opened and at the point of default and statements. Due to the the account entering into collections, it has been found necessary to supply an additional post default payment history. This is a snapshot from our system and can be found at the back of the statements. // 'True copy' - What does this mean? Please note that a copy agreement does not need to be a photocopy or exact copy of the signed credit agreement. E.g. there is no obligation to include a signature or date of signature. It is permissible in law to do this by repopulating a template with details of the agreement taken from the creditor's records. The reconstituted copy must be a 'true copy' of the information in the original agreement and must contain the terms and conditions applicable at the time the contract was executed, and at the time the account was defaulted. // Statement of account In accordance with your request, the statement of account is as follows [...]. This fulfils our obligations under Section 78 of the Consumer Credit Act 1974; we hope this satisfies your request. // Please contact us within 14 days of this letter to discuss repayment of your above-mentioned account.

Oh dear. Well this has taken me by surprise. It's more extensive than the one Lloyds themselves provided back in 2012. I have to go out for the day but I'm guessing it's now enforceable. Just need to find ways of continuing to blag. Perhaps even see what they send next?

[stuckinarut]

Re: Pip's UE Diary

Yawn! What a joke. "120 months" somehow sounds less scary than "ten years" ...

yep sure does pip 120 months sounds much shorter than ten years hard labor. ha ha how about ZERO hours

[Pixie]

Re: Pip's UE Diary

They're probably creaking back to life because you're in the final year before SB. They're hoping they can either sway you into paying something by offering the discount or get you to acknowledge the debt when you phone. You're right to ignore it but expect more letters.

[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)

[snipped, see post #2 for rest]

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.

Two and a half years since I heard from this lot ... not sure why they're bothering! As they're creaking back into life from the 2+ year hibernation, I'll keep an eye on them! Not wasting the cost of a stamp to reply to this though!

[Pip]

Re: Pip's UE Diary

Pip's account no. 6
RBS Mint
Start date: March 2000
Balance as of Dec 2011: approx. £5,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Nov 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 sent to RBS
JAN CCA received -- emailed Niddy --Niddy says (post #92)

[snipped, see post #6 for rest]

2013
APR Letter from RBS Mint: Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed on to Wescot Credit Services Ltd [good grief -- third account that's now with that lot] to act as our new collection agent. Any account queries should be addressed to this agent until further notice. // Wescot will contact you in the next 14 days to confirm receipt of your details. They will then look to discuss your repayment options in detail.
2016
JUN Letters from RBS and Cabot in same envelope: RBS letter: We have sold your account to Cabot Financial (UK) Ltd. Cabot Financial (UK) Ltd has instructed Cabot Financial (Europe) Ltd to manage your account on its behalf. [Hmm. I wonder if this is relevant; copied it here just in case].
Cabot letter: Your experience with Cabot will be different // Phone us in the next 7 days and our personal consultant will work with you to find a mutual solution. // Have a great day and we look forward to hearing from you very soon.
JUN Letter from Cabot [less than a week after the last one]: We really want to help you // Your personal consultant is waiting // What could happen if you don't talk to us? -- Credit file affected // -- We may have to consider other ways to recover your debt // -- You'll receive calls and letters until you contact us // -- Outstanding amount will remain due. Have a great day ...
JUL Letter from Cabot: What you should do now... We have explained that there are options available and we want to help you find the most suitable solution. We do need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan and becoming free of this debt. If you're having difficulties paying it is important to tell us. // Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future [Bit late for that!] When you start making payments on your account you will begin to reduce the balance shown on your credit report. // 3 simple steps: Gather details of your income and expenditure, call us on 0345, work with us to agree an affordable repayment plan. If we do not hear from you we will continue to contact you to help you resolve your outstanding balance.
AUG Letter from Cabot: Our offer to you // We understand it can be difficult to clear your account in a short period of time ... // We believe that we understand debt and we wanted to share our thoughts with you. [??!] We will work with you to understand your financial situation. If we can find an opportunity for you to repay this account in the short term, then we will help you make that happen. We own your account and are prepared to reduce the balance in order to help you become fee of this debt sooner. If you would like to take up our offer [they haven't mentioned any figures or offer], then call us. If this is not suitable then you need to advise us of your proposal to clear your account. This account may affect your credit rating and ability to get credit in future. Ask our team if your account is registered. [??]
SEP Letter from Cabot: Despite repeated attempts to contact you, we have been unable to gain your commitment to repay your debt. // The balance is due and we have advised you of several options that are available ... // You can manage your account by repaying an amount on a monthly basis ... // You should be aware that this account may be on your credit file as an outstanding debt ... // If you start making payments towards your account then your balance will reduce. // If we don't hear from you we will continue to contact you so that we can try and help you take steps towards being free of this debt.
OCT Letter from Cabot: Your Next Steps ... We have tried to contact you ... Please contact us // Our aim is to help you take steps towards being free of this debt and we want to work with you to make that happen // If you give us details of any income you receive together with your bills and other priority expenditure, we will try to set up a repayment plan that suits you. We hope to hear from you soon.
NOV Letter from Cabot: Give our Personal Payment Plans a try // So far we haven't had the opportunity to speak to you and find out what kind of plan might suit you. Which is why we have put together a plan that we think will help you pay off your account. // Is this affordable for you? [Pay X quid a month for TEN YEARS!] Once you have cleared your account, you will receive a letter to let you know your account is closed.

Yawn! What a joke. "120 months" somehow sounds less scary than "ten years" ...

[BuzzyBee]

Re: Pip's UE Diary

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.

Hmm, Cabot have bought a second account. I haven't had reason to write to them yet for the other one (RBS) since they started writing to me about that in June, but I'll keep a close watch on both!

Sounds very similar to the wording used in the letters they've written to me, must be their new post FCA MO. They've been writing for nearly a year and have yet to make a single legal threat. That's not the Cabot we all knew and loved (to hate).

[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
[snipped -- please see post #7 for rest]
2013
OCT Letter from Wescot: Having contacted our client they have advised they will be unable to provide a copy of the original agreement due to the age of the account. The reconstituted agreement can be provided if you send your request in writing, quoting s77-79 of the 1974 CCA, and enclose the required £1. // To allow you to comply with our client's request, we have placed your account on hold for 21 days. Please keep us updated with the situation as your account may be returned to the collection process after the hold period expires.
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.

Hmm, Cabot have bought a second account. I haven't had reason to write to them yet for the other one (RBS) since they started writing to me about that in June, but I'll keep a close watch on both!

[nanna58]

Re: Pip's UE Diary

It all goes to the festivities x

[cymruambyth]

Re: Pip's UE Diary

They do like their Christmas bonuses