CCA checks

[PlanB]

Thank you for your quick relpy Di.
So just to confirm, I have had no interaction with Link in relation to this particular debt.
Can I also ask in addition to requesting the SAR and CCA request, do I also complete the form and return it back to Kearns?

Send a CCA Request to Link asap with proof of posting and/or Royal Mail Recorded Delivery.

Reply to Kearns Solicitors' Letter of Claim by ticking Box D to dispute the debt and attach a copy of your CCA Request to Link.

This is urgent since you say the Letter of Claim is dated 6th April even though you've only just received it. The postal system is in disarray due to Covid-19 so don't risk missing any deadlines or they may issue legal proceedings.

(PS thank you for your card at Christmas )

Di

[Warwick65]

And thank you Warwick65 for your quick response too!

I was quite miffed plan b was up so early . I will leave the wisdom up to Di

[Helpme34]

PlanB

Remember at this stage you have 30 days to reply.

Did you ever send a CCA request ?

When was the last payment of any type made?

I am sure Di will be along but when you do get around to answering the letter of claim I would be ticking box D ' I dispute the claim' and probably ask for the agreement, the default notice, the termination notice, the notice of assignment and the deed of assignment. I would also be sending a CCA request to Link with a copy to Kearns

Let's wait to see what Di suggests

Edit- she beat me to it

And thank you Warwick65 for your quick response too!

[Helpme34]

Here I am

I’ve taken a quick look back at your thread and can see that you have previously sent a CCA Request to Westcot the DCA for Halifax at the time. It appears they returned it to you without forwarding it to Halifax so it may be tricky to argue they (Halifax) didn’t comply.

Let me check out everything else you’ve posted but it looks as if it would be a good idea to send a CCA Request to Link who are the current owner since they were assigned the debt in 2019, and then make Kearns aware.

Have you had any interaction with Link since they purchased the debt?

I would also send a SAR to Halifax now.

Di

Thank you for your quick relpy Di.
So just to confirm, I have had no interaction with Link in relation to this particular debt.
Can I also ask in addition to requesting the SAR and CCA request, do I also complete the form and return it back to Kearns?

[Warwick65]

PlanB

Remember at this stage you have 30 days to reply.

Did you ever send a CCA request ?

When was the last payment of any type made?

I am sure Di will be along but when you do get around to answering the letter of claim I would be ticking box D ' I dispute the claim' and probably ask for the agreement, the default notice, the termination notice, the notice of assignment and the deed of assignment. I would also be sending a CCA request to Link with a copy to Kearns

Let's wait to see what Di suggests

Edit- she beat me to it

[PlanB]

Your urgent assistance is required once more Di!!

Here I am

I’ve taken a quick look back at your thread and can see that you have previously sent a CCA Request to Westcot the DCA for Halifax at the time. It appears they returned it to you without forwarding it to Halifax so it may be tricky to argue they (Halifax) didn’t comply.

Let me check out everything else you’ve posted but it looks as if it would be a good idea to send a CCA Request to Link who are the current owner since they were assigned the debt in 2019, and then make Kearns aware.

Have you had any interaction with Link since they purchased the debt?

I would also send a SAR to Halifax now.

Di

[Helpme34]

HELPME34's UE Diary

HALIFAX credit card

• Apr 2008
• £3132
• Last full payment: June 2012
• DMP
• Defaulted Nov 2012 - dropped off credit file
• Wescot Credit Services

5 July 2019 - letter from Wescot asking me to contact them as Payplan are no longer acting on my behalf
6 July 2019 - letter from Wescot stating they would like to offer a reduced settlement amount and asking me to contact them to discuss further.
26 July 2019 - letter from Wescot asking me to contact them urgently.
25 November 2019 - Letter from Link stating the account is being transferred from (no name inserted) to Link Financial Outsourcing Ltd and requesting I complete a budget plan.
10 Jan 2020 - letter requesting to get in touch.
6 April 2021- Letter of claim recieved from Kearns Solictors dated 6th but received 20th April!!

Your urgent assistance is required once more Di!!

[Joanna Connolly Solicitors]

They were both opened online in 2010

£7746.17 account was transferred/sold to :
Wescot 2013
Lowell 2017
Wescot 2017
Lowell 2018
Wescot 2018
Cabot 2019
Wescot 2019

Does this mean the HBOS unsecured loan was opened in 2010, then assigned to Lowell (a debt purchaser) in 2017 (and again in 2018?), and then Lowell assigned it to Cabot in 2019?

Westcot is a Debt Collection Agency who appear to have been acting as an agent (not owning the debt) for HSBC, then Lowell and now Cabot.

If the account has been assigned twice then there's always the potential for documents to have gone astray and/or assignment issues, not just whether the credit agreement (if ever produced) is enforceable.

Di

[stinker]

Thank you so much for your reply ? and they are with Cabot Financial (Europe ) Ltd

They were both opened online in 2010

£7746.17 account was transferred/sold to :
Wescot 2013
Lowell 2017
Wescot 2017
Lowell 2018
Wescot 2018
Cabot 2019
Wescot 2019

Current Wescot are doing collection for Cabot
£2477.63

Wescot 2016
Cabot 2017

Shame no crystal ball as would have asked for lottery numbers ?

[Joanna Connolly Solicitors]

Natwest Mastercard

• £2504.33
• DMP
• Defaulted June 2013 - dropped off credit file
• Caboot

HBOS - Unsecured loan

• £7829.65
• DMP
• Defaulted June 2013 - dropped off credit file
• Caboot

I requested CCA rom them and they replied on the 08/02/2021 : We're still processing your request, we have contacted original lender for the relevant information. As we have not found it the credit agreement is unenforceable


Should i wait a few months before I stop payment or should I stop payment immediately ?
What chances lender has original CCA
What happens if they locate CCA

Sorry about question's just a tad nervous before i stop payment

You can ask as many questions as you want - we like questions

Here's one from me: when (what year) did you open each of these accounts and how, such as online, in a bank branch, over the phone etc? This might give a clue as to the likelihood of the original creditor having compliant documentation.

I don't have a crystal ball to predict whether the credit agreements will be produced, but don't assume that Cabot will be given them by the original creditor even if they do ask for them. It may depend on what was agreed when the debts were assigned.

I see they are both now with Cabot, but exactly which Cabot such as Cabot Financial (UK) Ltd which does not have FCA authorisation to issue legal proceedings, although that doesn't mean they won't try.

Jo explains this here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because 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 on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) 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

Di

[nightwatch]

when you stop is up to you, but while you are paying they won't rush to do anything, just stop payment, you can always restart paying if needed.
A CCA is for your information so you need to see what they can get from the original owner.
There is more to enforceability than a CCA, that is just a start

NW

[stinker]

Natwest Mastercard

• £2504.33
• DMP
• Defaulted June 2013 - dropped off credit file
• Caboot

HBOS - Unsecured loan

• £7829.65
• DMP
• Defaulted June 2013 - dropped off credit file
• Caboot

I requested CCA rom them and they replied on the 08/02/2021 : We're still processing your request, we have contacted original lender for the relevant information. As we have not found it the credit agreement is unenforceable


Should i wait a few months before I stop payment or should I stop payment immediately ?
What chances lender has original CCA
What happens if they locate CCA

Sorry about question's just a tad nervous before i stop payment

[Helpme34]

I've currently got an alleged Santander debt following the same path - CCA deemed UE, with StepChange until last year when I stopped paying, then on to Wescot and more recently Drydensfairfax so this looks pretty standard for them. I'm also hoping that they'll sell it at some point so we can move on.

Let's ignore them together, shall we?

That sounds like a plan Night Monkey!

[Helpme34]

Thank you - I didn't spot your thread update but you can always feel free to chase me.

The answer to your question is you have no reason to worry about this debt at the moment because Niddy has told you the credit agreement is currently unenforceable. That could change if they produce a different document, but so far you've sensibly not asked them to come up with anything better.

The fact solicitors are managing the debt is something creditors and debt purchasers do to scare you into paying. Don't be scared.

You'll be sent a series of escalating template letters over the coming weeks, but hopefully after that Santander will assign the account to a debt purchaser who doesn't have FCA authorisation to issue legal proceedings, although they may try.

You'll need to be patient since Santander can be slow to sell their debt book.

They probably got used to you paying through a DMP until 2019, and hope if they 'up the pressure' (solicitors involvement) you might do that again. They'll be in for a surprise if you don't

If DrydensFairax send you a Letter of Claim then let me know immediately.


Di

Many thanks Di. I will contact you directly if I hear anything further from them.

Thank you as always.

[Night Monkey]

I've currently got an alleged Santander debt following the same path - CCA deemed UE, with StepChange until last year when I stopped paying, then on to Wescot and more recently Drydensfairfax so this looks pretty standard for them. I'm also hoping that they'll sell it at some point so we can move on.

Let's ignore them together, shall we?