How do I move on

[Turquoise]

Hi Di - I didn't have a formal DMP with Stepchange.

[Joanna Connolly Solicitors]

Hi Di - I didn't have a formal DMP with Stepchange.

Thank you so much for those updates which will help to prevent any misunderstandings - such as my wrong assumption that you had been with StepChange

Hopefully things will go quiet with Cabot while they seek the credit agreements. Did either of their letters admit the debts is currently unenforceable? They are supposed to do that according to the FCA Handbook CONC 13.1.6 >


CONC 13.1.6 G 02/11/2015RP

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.


In the meantime don't answer the phone or reply to any texts etc from them which may come thick and fast once they realise you've stopped paying..

Di

[Turquoise]

Both letters did mention that the debts are currently unenforceable.
Given that I've just been made redundant () would it be best just to carry on paying for the time being rather than making waves or does it not make any difference?

[Joanna Connolly Solicitors]

Both letters did mention that the debts are currently unenforceable.
Given that I've just been made redundant () would it be best just to carry on paying for the time being rather than making waves or does it not make any difference?

Did that just happen today (redundancy)? I'm sorry to hear this.

If you're only paying £1 per month token payments then I see no harm in you continuing for a while in order to get some peace and quiet while you deal with personal issues.

You and your happiness come first.

Di

[Joanna Connolly Solicitors]

Debt 3:

Abbey Credit Card £5k:

Account opened with Abbey 2009.
Santander took it over later in 2009.

Dec 2010 unable to pay minimum payment so paid £1 per month and have been doing that throughout.
Default notice served by Santander March 2011.

March 2011 letter from Viking informing that debt transferred to them for collection.

7 April 2011 received letter requesting full payment from Viking.

20 April 2011 made temp payment arrangement of £1 per month with Santander.
23 May 2011 default notice from Santander.
Passed to 1st Credit June 2011.
Nov 2014
Received Notice of assignment from Santander Cards Limited to Santander UK plc.

2016 Santander sent letter saying that my account has been transferred to Robinson Way debt collectors from 1st Credit.

11/6/20 CCA request sent to Santander but was returned as I hadn't added a payee name to postal order (I couldn't find who to make payable to and Customer Service didn't know what I was talking about when I asked them).
CCA request sent to Robinson Way who passed it onto Santander.

Santander and Robinson Way replied with CCA which (hard to read) and statement of account showing all transactions.
I am continuing to pay £1 per month on standing order (not DMP).

Do you have an update on this Santander debt which you can post on your thread?

(I've received your PM).

Di

[Turquoise]

The Santander debt has gone to Morecroft who are now writing to me for information/payment. Does anyone know, do I have to give them my financial details? Their letter says I must contact them to avoid action. I'm still paying Robinsons £1 per month and could increase it to say £15-£20 and change it to Morecroft but I'm unable to pay any lump sums and am afraid to call them. Any advice on how to go about this is welcome, thanks everyone.

[Joanna Connolly Solicitors]

The Santander debt has gone to Morecroft who are now writing to me for information/payment. Does anyone know, do I have to give them my financial details? Their letter says I must contact them to avoid action. I'm still paying Robinsons £1 per month and could increase it to say £15-£20 and change it to Morecroft but I'm unable to pay any lump sums and am afraid to call them.

No you don’t have to send them your financial details - only a court can order you to do that.

I understand that you sent your credit agreement to Niddy for checking, so what was his verdict on whether it was unenforceable or not?

Don't call Moorcroft and don’t be afraid of them either. These are only letters intended to intimidate you - try not to let them get to you.

Di

[The Tech Clerk]

moorcroft - no they have no powers, only a judge can demand income/expenditure, moorcroft ignore as they are only hopeful collection (on commission hopefuls) they get paid on what they collect, a lot of letters calls etc etc then eventually pass back to owners. ???????gnore them. but up date a diary on here of events.

[Turquoise]

Niddy thought the CCA was difficult to read.
Morecroft say that as I have "failed to agree an affordable repayment plan..." because I have not replied to them over the past 6 weeks, and are now "reviewing the account prior to possible recommending of further debt recovery action" ... "contact us... to help us ensure no further action...".
I do want to pay back what I owe but not the £2k they added in interest onto the account before the default was registered.

[Joanna Connolly Solicitors]

Niddy thought the CCA was difficult to read.

It would need to be legible to be enforceable. Did Niddy say it was enforceable in his opinion?

Di

[Turquoise]

Niddy thought it was borderline, but probably enforceable

[Joanna Connolly Solicitors]

I do want to pay back what I owe but not the £2k they added in interest onto the account before the default was registered.

Have you or did you raise a complaint about interest and charges at the time they were added?

Di

[Turquoise]

I haven't and didn't raise a complaint. I called them prior to defaulting to ask if the interest could be frozen but I don't have any record of the date (and it may have been another debt that I called, I couldn't be certain). They said they wouldn't freeze the interest.

[Warwick65]

Hi
I am sure you have explained this but just pretend I am thick and need it in words of one syllable

You had a credit card with Abbey which our lovely friends from Santander took over in 2010 (I guess when they bought Abbey)

In Dec 2010 you were unable to pay so you started paying them £1 per month.

At this point did you tell them you were in financial difficulty?

Between then and March 2011 when you were sent a default notice they added £2000 in interest and charges?

You are still paying £1 a month.

It is currently with Moorcroft - to be honest I found them to be a pain in the neck but pretty harmless. What I am guessing their latest missive means is please pay us so we can earn commission , if not we will tell Santander to look after it themselves.

Diana Mayhew

Check with Di and see what she thinks but it maybe worth sending a SAR at this point to see what they have on file- there maybe records of you asking them to freeze charges or you may find out something equally interesting (for example my SAR to Capital One a few years ago showed they had not sent a proper Default Notice- it also showed they sold it on one date and Lowell claimed they had bought it a week later so who owned it during that week?).

Getting the information might help you claim back bank charges and interest and if successful there would be statutory interest added at 8% a year I think. If you claimed £1000 with statutory interest over 10 years this would be over £2000 which would be knocked off your debt.

As others have said, do not call them and if they phone you do not talk to them, don't even be tempted to confirm your name etc. I always answer the phone with a Hello and if I don't recognise the voice ask who is calling before I even admit who I am- these days its either about the accident I had or that a warrant is out for my arrest due to non payment of tax- yeah right I'm not a taxpayer.

[Turquoise]

Thank you very much for your responses. To clarify:

I wrote to Santander in Dec 2010 (I don’t have proof of that) to say I was in financial difficulty and to say that the CCCS (Stepchange) had advised me to pay £1 per month. My account was frozen in June 2011. From Dec 2010 to Jun 2011 I got additional interest/charges of £500.

I hadn’t actually used the credit card between Sept 2009 and Nov 2010 at all and I paid in £1400 in that period - the balance only went down from £4875 to £4452 due to all the interest and bank charges applied.

I am still paying £1 per month to Robinsons.