Helmsman UE Diary

[The Tech Clerk]

But they can start legal proceedings without one BUT would have to supply one at a later stage in proceedings, also there are other factors as to whether the cca is enforceable or not including other paperwork111

[The Tech Clerk]

they are hoping you cave in, no agreement no CCJ

[MisterK]

A CCA request is not an admission of the debt so does not restart SB clock. It's a good idea to use the AAD template letters anyway as they are constructed with this issue in mind.

[helmsman]

A CCA request is not an admission of the debt so does not restart SB clock. It's a good idea to use the AAD template letters anyway as they are constructed with this issue in mind.

Agree, have just rejoined aad+ to ensure I can answer any letters from the solicitors lol.

[Joanna Connolly Solicitors]

Dryden Fairfax are chasing sent off CCA they cant find it but may take legal action after 30/8/19 if I don't get in contact, statute barred 2/10/19

What are you basing your prediction of the Statute Barred date being 2nd October 2019?

Will that be 6 years from the last payment date or when the Default Notice was issued etc.

And who is the current debt owner (Drydens client) - is it Arrow Global?

Di

[helmsman]

What are you basing your prediction of the Statute Barred date being 2nd October 2019?

Will that be 6 years from the last payment date or when the Default Notice was issued etc.

And who is the current debt owner (Drydens client) - is it Arrow Global?

Di

Hi Di,
thanks for responding, It is AG.
Last payment 2/10/13, date of default 30/4/2008.They sent a letter dated 10/7/19 a copy of a Moorgate loan servicing it shows a list of payments 23/9/13 of last closing payments., so nothing more from them as payments. Drydens state last pre instruction payment 2/10/13. They are unable to supply cca at present. This letter dated 16/8/19 should I fail to provide requested info in 14 days this may result in legal proceedings being issued against me. Now problem being off on holiday 4/9 until 23/9 so if a letter arrives after our leaving date will not be able to respond in 14 days. Should I pre empt and send another cca request from the templates aad+ saying not received acca.
Hope this makes sense.
Many Thanks Di.
Helmsman.

[Joanna Connolly Solicitors]

Hi Di,
thanks for responding, It is AG.
. . . . . Drydens state last pre instruction payment 2/10/13. They are unable to supply cca at present. This letter dated 16/8/19 should I fail to provide requested info in 14 days this may result in legal proceedings being issued against me. Now problem being off on holiday 4/9 until 23/9 so if a letter arrives after our leaving date will not be able to respond in 14 days. Should I pre empt and send another cca request from the templates aad+ saying not received acca.

Unless I've misunderstood you sent a s77/78 CCA Request in July and so far they have not complied with that request, which means the debt is unenforceable until or unless they do comply.

If you send a chasing letter or another CCA Request you'll only encourage them to try harder and quicker to comply.

Is the debt owner Arrow Global Ltd or Arrow Global (Guernsey) Ltd?. It matters.

If they intend to issue legal proceedings then under Pre Action Protocol they should send you a Letter of Claim giving you 30 days to respond before a claim can be issued.

Enjoy your holiday

Di

[helmsman]

Unless I've misunderstood you sent a s77/78 CCA Request in July and so far they have not complied with that request, which means the debt is unenforceable until or unless they do comply.

If you send a chasing letter or another CCA Request you'll only encourage them to try harder and quicker to comply.

Is the debt owner Arrow Global Ltd or Arrow Global (Guernsey) Ltd?. It matters.

If they intend to issue legal proceedings then under Pre Action Protocol they should send you a Letter of Claim giving you 30 days to respond before a claim can be issued.

Enjoy your holiday

Di

Thanks Di will not worry until I return.
helmsman

[helmsman]

Unless I've misunderstood you sent a s77/78 CCA Request in July and so far they have not complied with that request, which means the debt is unenforceable until or unless they do comply.

If you send a chasing letter or another CCA Request you'll only encourage them to try harder and quicker to comply.

Is the debt owner Arrow Global Ltd or Arrow Global (Guernsey) Ltd?. It matters.

If they intend to issue legal proceedings then under Pre Action Protocol they should send you a Letter of Claim giving you 30 days to respond before a claim can be issued.

Enjoy your holiday

Di

Hi Di,
AG Guernsey.
thanks.
Helmsman.

[Joanna Connolly Solicitors]

Hi Di,
AG Guernsey.

Arrow Global (Guernsey) Ltd do not have FCA authorisation which lapsed on 30th September 2015. This matters because it means that they do not have the legal right to issue a claim.

This legal argument has been won in court against three different debt purchasers recently.

Read Jo's post about my firm's Idem Capital Securities' judgment here >

On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

Idem Capital Securities Limited did not appeal the judgment.

If you are currently defending a claim with Idem Capital Securities Limited, whether stayed or ongoing or Idem have obtained a Default Judgment against you and you have any query please post any queries on this thread..

So that's another reason to enjoy a worry-free holiday

Di

[helmsman]

Hi Everyone,
Happy New Year to all. Well would you believe it after many years Capquest have phoned me to ask about my Lloyds debt no4 on page 1 of my diary, have had no contact for years, as they have phoned several times I foolishly decided to go through security to find out who was chasing which debt, Lloyds was the result this was statute barred 2017, so I asked if they had heard of statute barred the lady said yes and I told her this was statute barred, she daid she will update their records.
They were not the last owners of the debt that was Lowells,so they must have sold it on. Also Westcot have phoned did not bother answering that call, so I suppose I must have been flagged up somewhere and they are having one last try at me. All debts statute barred in 2017.
Kind Regards.
Helmsman.

[Joanna Connolly Solicitors]

after many years Capquest have phoned me to ask about my Lloyds debt no4 on page 1 of my diary, have had no contact for years, as they have phoned several times I foolishly decided to go through security to find out who was chasing which debt, Lloyds was the result this was statute barred 2017, so I asked if they had heard of statute barred the lady said yes and I told her this was statute barred, she daid she will update their records.
They were not the last owners of the debt that was Lowells,so they must have sold it on.

Maybe Capquest will now give it back to Lowells like an unwanted Christmas present

Happy New Year to you too.

Di

[helmsman]

Maybe Capquest will now give it back to Lowells like an unwanted Christmas present

Happy New Year to you too.

Di

Hi Di,
Have received a letter from Capquest confirming the acc is statute barred and closed the acc and will not be chasing me again.
Helmsman.

[Joanna Connolly Solicitors]

Hi Di,
Have received a letter from Capquest confirming the acc is statute barred and closed the acc and will not be chasing me again.

Result!

What a pity Lowell didn't do that in preference to assigning it

Lloyds was the result this was statute barred 2017 . . . . .

They were not the last owners of the debt that was Lowells,so they must have sold it on.

Di

[helmsman]

H Everyone, Hope all is good and you are all fighting the good fight, Its been a year since I last checked in, so I hope you all are well and staying safe. Helmsman.