CCA checks

[Joanna Connolly Solicitors]

Thank you so much to everyone at Joanna Connolly Solicitors! I couldn't have done it without you.

And we couldn't have done it without you

I'm glad it's finally all over.

Di

[Joanna Connolly Solicitors]

Helpme34 UE Diary :
[

• Barclaycard
• Feb 2008
• £1454
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

• Virgin MBNA credit card
• Feb 2009
• £1509
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

• MBNA Credit Card
• Apr 2007
• £5385
• Last full payment: June 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

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

• Barclays credit card – possibly EGG
• Jan 2004
• £2684
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• PRA Group

• Barclaycard
• Dec 1999
• £3729
• Last full payment: July 2012
• DMP
• Defaulted March 2013 – dropped off credit file
• Link Financial

• Virgin MBNA credit card
• May 2009
• £2457
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• Link Financial

• HSPF then HBOS Bank of Scotland Credit card
• Feb 2010
• £1184
• June 2012
• DMP
• Defaulted Feb 2013
• Moorcroft Debt Recovery

• HSPF Loan
• Feb 2010
• £11736.95
• Last Full payment: Jun 2012
• DMP
• Defaulted Dec 2012 - dropped off credit file
• Drydens Fairfax Sols

• Santander Credit card
• Feb 2008
• £2618
• Jul 2012
• DMP
• Defaulted Jan 2013 - dropped off credit file
• Wescot Credit Services

Is there anything to update on any of these debts?

Di

[Helpme34]

Is there anything to update on any of these debts?

Di

Hi Di

Happy new year to you and all the team here.

Just an update on the Santander credit card and HSPF Loan which i have updated.

regards

[Helpme34]

• HELPME34's UE Diary

Santander Credit Card

• Feb 2008
• £2618
• Last full payment: Jun 2012
• DMP
• Defaulted Dec 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.
11 July 2019- letter asking to get in touch
24 July - letter asking to get in touch
August - letter sent requesting CCA agreement.
08 Aug 2019- letter stating account on hold until request investigated.
27 Aug 2019- copy of account opening agreement received.
05 Sep 2019 - transaction summary received.

18 Sep 2019 - CCA sent to Niddy - Confirmed Unenforceable!!

29 Jun 2020 - letter from Santander advising the account will now be managed by their agent Wescot.
2 July 2020 - letter from Wescot stating they have been instructed by Santander to manage the account and asking to get in touch .
25 Jul 2020 - Letter stating enquiries have indicated that we are resident at this address but have not yet agreed a solution to manage the debt.
4 Aug 2020 - letter offering a reduced settlement offer and asking to get in touch.

31 Dec - Letter from Santander advising account will now be managed by agent Drydens Fairfax Solicitors.
4 Jan 2021 - Letter from Drydens Sols asking to get in touch by 18th Dec to arrange payment.
26 January - Letter from Drydens Sols stating to avoid further recovery action, I should contact their office by 9th February.

Should I be worried about this one as now Solicitors are dealing with it??

[Helpme34]

• HELPME34's UE Diary

HSPF Loan

• Feb 2010
• £11736
• Last full payment: Jun 2012
• DMP
• Defaulted Dec 2012 - dropped off credit file
• Drydens Fairfax Solicitors

11 Sept 2019 - Annual statement received from Lowell. It appears they have bought the debt
11 Sept 2019 - Notice of sum in arrears from Lowell Financial Ltd
16 Sept 2019 - Letter received asking to contact them (Lowell Financial) to discuss the account.
10 Mar 2020 - Annual statement from Lowell
10 Mar 2020 - Notice of sum in arrears from Lowell Financial Ltd

28 Dec - Letter received from Bank of Scotland stating that following a review of their processes as they didn't always take appropriate action, they have decided to refund the grand old sum of £10.08 to the account which is of course being looked after by Lowell.

Such a shame as I would have preferred to let the sleeping dogs lie!!

[Joanna Connolly Solicitors]

Such a shame as I would have preferred to let the sleeping dogs lie!!

Every little helps

Are you saying that they are going to pay the 'compensation' to Lowell instead of direct to you?

I can't see whether you ever sent a s77-79 CCA Request to BOS or Lowell for this debt (sorry I haven't read back through all your posts). Don't do that now, but it would help me to know.

When did you last pay anything towards this debt? I can see your last contractual payment was in 2012 but then you went into a DMP.

Have you heard nothing more from Lowell since March 2020?

Di

[Helpme34]

Every little helps

Are you saying that they are going to pay the 'compensation' to Lowell instead of direct to you?

I can't see whether you ever sent a s77-79 CCA Request to BOS or Lowell for this debt (sorry I haven't read back through all your posts). Don't do that now, but it would help me to know.

When did you last pay anything towards this debt? I can see your last contractual payment was in 2012 but then you went into a DMP.

Have you heard nothing more from Lowell since March 2020?

Di

Yes they will pay the money direct to Lowell.

I didn't send for a CCA request as I was advised to just wait and see what happened once I had stopped the Payplan payments to all creditors.

The last payment I made was in Jun 2019 via Payplan. And no, I last had a notice of sum in arrears from them in Mar 2020, nothing since.

[Joanna Connolly Solicitors]

I didn't send for a CCA request as I was advised to just wait and see what happened once I had stopped the Payplan payments to all creditors.

The last payment I made was in Jun 2019 via Payplan. And no, I last had a notice of sum in arrears from them in Mar 2020, nothing since.

In which case I agree with you to let sleeping dogs lie if Lowell have not 'noticed' your existence for a year even though you haven't paid them since June 2019.

I doubt a credit of £10 will wake them up, at least I hope not.

Stay off the radar and definitely don't send them a CCA Request at this point in time.

Di

[Helpme34]

Should I be worried about this one as now Solicitors are dealing with it??

Any thoughts on this one Di?

[Joanna Connolly Solicitors]

Any thoughts on this one Di?

What new solicitors and which debt?

Maybe I need to read back through your thread to catch up on what's been happening since Christmas

Di

[Helpme34]

Should I be worried about this one as now Solicitors are dealing with it??

• HELPME34's UE Diary

Santander Credit Card

• Feb 2008
• £2618
• Last full payment: Jun 2012
• DMP
• Defaulted Dec 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.
11 July 2019- letter asking to get in touch
24 July - letter asking to get in touch
August - letter sent requesting CCA agreement.
08 Aug 2019- letter stating account on hold until request investigated.
27 Aug 2019- copy of account opening agreement received.
05 Sep 2019 - transaction summary received.

18 Sep 2019 - CCA sent to Niddy - Confirmed Unenforceable!!

29 Jun 2020 - letter from Santander advising the account will now be managed by their agent Wescot.
2 July 2020 - letter from Wescot stating they have been instructed by Santander to manage the account and asking to get in touch .
25 Jul 2020 - Letter stating enquiries have indicated that we are resident at this address but have not yet agreed a solution to manage the debt.
4 Aug 2020 - letter offering a reduced settlement offer and asking to get in touch.

31 Dec - Letter from Santander advising account will now be managed by agent Drydens Fairfax Solicitors.
4 Jan 2021 - Letter from Drydens Sols asking to get in touch by 18th Dec to arrange payment.
26 January - Letter from Drydens Sols stating to avoid further recovery action, I should contact their office by 9th February.

Asking about this one Di.

It was initially being looked after by Wescot and now has been passed to Drydens solicitors to manage.

[Joanna Connolly Solicitors]

• HELPME34's UE Diary

Santander Credit Card

• Feb 2008
• £2618
• Last full payment: Jun 2012
• DMP
• Defaulted Dec 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.
. . .
August - letter sent requesting CCA agreement.
27 Aug 2019- copy of account opening agreement received.
05 Sep 2019 - transaction summary received.

18 Sep 2019 - CCA sent to Niddy - Confirmed Unenforceable!!

. . .
31 Dec - Letter from Santander advising account will now be managed by agent Drydens Fairfax Solicitors.
4 Jan 2021 - Letter from Drydens Sols asking to get in touch by 18th Dec to arrange payment.
26 January - Letter from Drydens Sols stating to avoid further recovery action, I should contact their office by 9th February.

Asking about this one Di.

It was initially being looked after by Wescot and now has been passed to Drydens solicitors to manage.

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

[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?

[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.

[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!