scottygees UE diary

[Roger]

Thanks Roger. I need to update my entry.The last payment made was Feb 2017. This debt is sowned by the DCA as far as I am aware and hasn't transferred back to Vanquis, so any future correspondence I receive should come from the DCA. The DCA in question said they couldn't provide the CCA and that I should contact Vanquis directly for it, which I did, so not sure if the SWID letter will be appropriate.Please note all this is new to me so I am learning as I go along,so any advice is greatly appreciated.

If the DCA owned the Debt they would be responsible under ACT to supply the CCA. I think the DCA are collectiing Agents for Vanquis I think you could have stopped when you received their reply! Haven't got it!
You could at some point send the DCA a missing P/T's (they are Agents for Varquis after all).
If the Debt is sold on (Notice of Assignment) then the fact you can prove sending a CCA would I suggest be grounds for sending a SWID. .

[scottygees]

If the DCA owned the Debt they would be responsible under ACT to supply the CCA. I think the DCA are collectiing Agents for Vanquis I think you could have stopped when you received their reply! Haven't got it!
You could at some point send the DCA a missing P/T's (they are Agents for Varquis after all).
If the Debt is sold on (Notice of Assignment) then the fact you can prove sending a CCA would I suggest be grounds for sending a SWID. .

Yes you are probably right I should have left it when the DCA said they didn't have them. You live and learn. So if the DCA do contact me again I will send them a missing P/Ts probably at the stage they start ramping up the pressure and then if the debt is sold on in the meantime I can issue the SWID. Is that correct?

[Still Waving]

Thanks Roger. I need to update my entry.The last payment made was Feb 2017. This debt is sowned by the DCA as far as I am aware and hasn't transferred back to Vanquis, so any future correspondence I receive should come from the DCA. The DCA in question said they couldn't provide the CCA and that I should contact Vanquis directly for it, which I did, so not sure if the SWID letter will be appropriate.Please note all this is new to me so I am learning as I go along,so any advice is greatly appreciated.

You don't want to be initiating action. Always await their next move, and then respond accordingly depending on circumstances. Ask for further opinions after you receive the next communication. The answers will depend on 'who' and 'what'.

[Still Waving]

Ok so I have received the CCA request from Vanquis. I don't possess a scanner to copy these and send them to be looked at. I literally have an iPad which I can photograph these and send them, would that be ok? Also I have had a letter from Capital One saying Apex are no longer dealing and that the debt has been passed back to them. Please contact us. The CCA still hasn't been returned by them. Any advice?

As regards Cap1 - await their next move. You say they haven't yet responded to your CCA request. That's ok, it means they are currently in default. They will either contact you direct or pass it to another DCA to have a go. Let us know when you hear something.

[scottygees]

Just like to say a big thank you to everyone on this site for the advice they are giving me and I apologise for any daft questions asked

[Spud]

I apologise for any daft questions asked

There is no such thing as asking a daft question........the daft questions are the ones that you don't ask.......

There is no need to apologise and you will never be shot down for asking anything here on AAD

[cymruambyth]

If you cannot scan any paperwork, you can always send a photo to niddy with a link to your thread.

As everyone has said, the fight involves delaying everything for as long as possible, so don"t reply promptly and do not give them anything to help them.

As for silly questions, there aren't any, knowledge and information are power and stop you from taking actions that could damage your position in the future.

[scottygees]

TESCO

• Loan
• Date commenced -not known
• Approx balance- £12267.15
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2016
• Status -default date Feb 2012
• Account owner -Robinson Way

I called Robinson Way to explain issues with DMP etc and they agreed to put account on hold for 30 days to allow stepchange to contact them.
19/06/17-letter recd from Robinson Way confirming that in connection with my update no further action will be taken on account for next 30 days
17/7/17-CCA request issued.
18/7/17-CCA request delivered and signed for

05/09/17-letter recd from Rob Way dated 29/8/17.They haven't had a response from original creditor so action on account stopped whilst they await one.

[cymruambyth]

That's great, don't do anything and wait for their next letter.

[scottygees]

So I have just had a letter from NCO regarding my overdraft with Yorkshire Bank, an account that was open by myself in 1987/88. When I got married I put my wife on this account though I can't remember her signing anything at the time. I will be sending off the overdraft letter shortly but was wondering whether my wife is liable for this debt considering any original agreement was only with myself. Any advice would be greatly appreciated.

[scottygees]

Yorkshire Bank overdraft

Joint account but was initially in my name. Wife added to account when married


Date account opened -1987
last paid -Feb2017 via DMP
balance-£893
debt owned by NCO
debt now owned by Cabot

17/09/2017-letter recd from NCO request contact made
19/09/2017-overdraft CCA template letter issued
20/09/2017-CCA request recd and signed for by NCO
25/10/17-letter recd from NCO requesting clarification of current financial position, so please contact us etc etc
31/01/18-Letter recd from Cabot confirming they have taken the account back.It appears that NCO were just an agent of Cabot.As this was the case and NCO never provided the CCA as requested for the overdraft was wondering what next steps should be. I assume a SWID wouldn’t be applicable in this instance? Also is there a different SWID template for overdrafts?
15/03/18-Letter recd from Cabot stating account is being reviewed for legal action.Please reply in 28 days. This action can be avoided if payment plan set up etc etc.
29/3/18-Letter recd from Cabot dated 26/3/18 threatening legal action. I will send the follow up letter this weekend but a bit peeved that they haven’t even given me the initial 28 days to respond
4/4/18- non receipt of CCA 2nd follow up letter issued to Cabot
19/04/18-letter received from Cabot, noting dispute, they will be in touch with original lender and to be mindful it could take 16 weeks to resolve
11/5/18-Letter received from Cabot. Still unable to provide requested docs. Account on hold
06/09/18- letter received from Cabot as no payment being received their reasonable next action is to review account for legal action.Please contact in 28 days to prevent. Any need to take further action at this stage? Current creditor showing as Cabot Financial UK ltd. Many thanks in advance.
8/9/18-letter recd from Cabot stating they are considering sending account to external DCA.
17/9/18-letter recd from Cabot once again threatening Legal Action
6/6/19 - Letter received from Cabot today stating account has been reviewed for Legal Action reply within 28 days to avoid this. So they have sent threatening letters before but nothing has come,however they are now saying the account has been reviewed rather than may be reviewed. So I sent the CCA follow up letter back in April 2018 and never received a direct response. Should I sit tight and await their next correspondence or should I send something to them reminding them they never responded to my 2nd CCA request? The current creditor is still Cabot Financial UK Limited.Are they licensed?

3/10/19 letter recd we need your urgent attention etc etc
18/10/19-potential legal action letter received. no action taken as had them previously and never followed through on threats
15/11/19-letter received-"We will not be pursuing legal action at this time but balance still needs to be paid"
17/11/19-letter received.Please set up payment plan
17/12/19 letter received.Please set up payment plan
14/1/20-another payment plan letter received
16/1/20-explore your repayment options letter received
01/02/20-thats right another payment plan letter received
18/2/20-and another one
21/2/20-its not too late to get back on track letter received
6/3/20-taking control is only a click away letter received
11/3/20-and another its not too late to get back on track letter received
23/5/20-we have not heard from you letter received
12/6/20-summer saver 40% reduction letter received
25/7/20-opportunity to join 55000 other customers that talk to Cabot each month letter received
24/08/20- set up repayment plan letter received








CCA STILL OUTSTANDING.

[scottygees]

MBNA

• Credit Card
• Date commenced-unknown
• Approx balance-£785
• Date last paid-Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner- Idem Capital Securities

no previous correspondence recd
13/7/17-CCA request made
17/7/17 CCA request delivered and signed for
21/7/17-letter received from Idem dated 19/7/17."we will endeavour to provide the requisite information within the next 12 working days
4/08/17-letter received from Idem dated 2/8/17.They are unable to provide the CCA at present and accept the agreement can't be enforced until such time they can. They have contacted original lender and if available will send it if available. They confirm balance is still outstanding and will continue to pursue including updating credit reference agencies. They state I am free to take whatever action I consider appropriate but they will not be releasing me from any obligation under the agreement
5/8/17-income and expenditure form recd from Idem dated 2/8/17. Filed away no action to take

25/09/17-letter recd from Idem dated 20/9/17 "we note no formal arrangement,please complete I&E in next 14 days or we will take further collection activity".(as no CCA provided and they have previously acknowledged they can't enforce it , letter filed away.

[scottygees]

BARCLAYCARD

• Credi card
• Date commenced -unknown
• Approx balance-£957
• Date last paid-Jan 2016
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-default 30/3/2016
• Account owner- Link Financial Outsourcing

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request not delivered as no access to delivery address. Await post to be returned and send again
18/7/17-CCA request delivered and signed for

19/10/17-letter recd from Link Financial dated 16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act

[cymruambyth]

That's great news. Keep the letter safe just in case someone else tries to harass you!

[scottygees]

TESCO

• Credit Card
• Date commenced -not known
• Approx balance- £989
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2016
• Status -unknown.Account no longer on credit report
• Account owner -Robinson Way

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
21/7/17-letter received from Robinson Way confirming received CCA request and account put on hold temporarily until they have the agreement
28/8/17-email received from Robinson Way stating they have contacted original creditor and have an update for me and for me to contact them within the next 30 days.

23/10/17-correspondence recd from Robinson Way dated 18/10/17 stating we enclose the requested documentation and in absence of any dispute please return the enclosed financial statement (which isn't enclosed by the way) to confirm an affordable payment plan within the next 30 days.However all they have sent me is copies of my credit card statements from April 2010 to January 2011 and not the CCA I requested. Any advice as of the next course of action to take? Thanks in advance.