CCA checks

[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?

[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

[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]

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??

Any thoughts on this one Di?

[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