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  • Bluemonday 3 Unenforceability Diary


    This is my diary to date, please forgive me there will be some gaps as I don't have all the information to hand but I will try to fill these in later.

    Birmingham Midshire Home loan started 2007, to date I have paid £10,510 and I am paying this back outside of my DMP as is linked to my mortgage.
    I have a CCJ issued re this on 3.3.10 and a charging order obtained.

    City Financial credit card started approx 2006,
    Balance at DMP start Sept 2009 £6953.72.
    Passed onto to Cabot but is managed by Clarity ? approx 2010
    Outstanding balance £718.40
    CCA requested 10/12/17

    Royal Bank of Scotland Mint Credit Card started approx 2004
    Balance at DMP start Sept 2009 £3626.55
    Managed by Wescot (unsure when) £416.89 outstanding.
    CCA requested 10/12/17
    16/2/18 Email sent to Wescot advising of change of income

    This had been passed to Cabot Financial (Europe) Ltd, I need to check the date as I cannot remember when.
    28/2/20
    Cabot have now passed this on to Robinson Way as I have not made contact with them.



    Bank of Scotland Credit card started approx 1999 .
    Balance at DMP start date Sept 2009 1490.99
    Managed by Lloyds £869.92 outstanding.
    CCA requested 10/12/17

    Lloyds TSB credit card started approx 2006
    Balance at DMP start date Sept 2009 £1703.27
    Defaulted 29/5/2012
    Managed by Wescot £235.93 outstanding
    CCA requested 10/12/2017
    16/2/18 Email sent to Wescot advising of change of income
    20/2/18 Email received from Wescot saying they will place the account on hold until 22/3/18 to give me chance to contact Stepchange etc for debt advice.

    Around Oct 19 this has been passed to Moorcroft. A representative did call at my house on13/11/19 to discuss the account. I was at work at the time and hand delivered letter was posted telling me I should get in touch ASAP.


    Egg Credit Card started 25/11/2004
    Balance at DMP start Sept 2009 £1485.26
    Managed by Cabot £201.10 outstanding.
    CCA requested 10/12/2017
    Received a copy and statements 19/12/2017
    19/2/18 CCA sent to Niddy for checking.

    Creation Financial store card/loan started 29/08/2006
    Balance at DMP start Sept 2009 £3036.86
    Balance £0 5/5/2017
    These were particularly evil to deal with and had to complain to FOS re interest added, complaint upheld.

    Newday store cards taken out Oct 2009
    Balance at DMP start Sept 2006 £180
    Balance £0 15/1/2013

    Lloyds Overdraft started 20/2/1996
    Balance at DMP start date Sept 2009 £3052.79
    Default date 06/2/2013
    Balance £0 31/12/17

    Lloyds and Creation have been very difficult to deal with & I am awaiting a default to drop off from Lloyds this year
    Last edited by Bluemonday3; 21 March 2020, 11:51. Reason: Update will add to individual debts also

  • #2
    Apologies I had a lag on the website so didn't think this had posted, hence it is on there 3 times now!

    Comment


    • #3
      Hi

      I think you may have misunderstood the advice given re starting your diary. The usual format is to have a separate entry in the Diary thread for each individual debt
      ie Post #1 - BM Home Loan details
      Post #2 - City Financial CC details
      etc
      etc

      Comment


      • #4
        Oh Gosh, I'm making a right hash of this aren't I ??!!

        Comment


        • #5
          City Financial credit card started approx 2006,
          Balance at DMP start Sept 2009 £6953.72.
          Passed onto to Cabot but is managed by Clarity ? approx 2010
          Outstanding balance £718.40
          Last payment via Stepchange 1/12/17
          CCA requested 10/12/17

          10.8.17 Letter received dated 7.8.18 threatening to take legal action in two weeks if I do not make contact.
          I have still not received the CCA requested.


          18/12/20
          Letter received to say that the account is now back with Cabot and to get back in touch.

          15/3/21
          Cabot have sent a letter to say the account has been passed to BPO as I have not contacted them.

          20/6/22
          Apologies for gaps with this one, this keeps being passed from Cabot to BPO and then back again, today I received an offer of 50 % of the debt.

          29/6/22
          Emails and texts escalating from BPO, one is definitely for this account but the reference number is different and I also have another email with a different refence on so I have no idea which account this belongs to as there is no balance or previous creditor on it!
          Last edited by Bluemonday3; 29 June 2022, 12:20. Reason: BPO chasing now not Cabot

          Comment


          • #6
            Debt 2
            Royal Bank of Scotland Mint Credit Card started approx 2004
            Balance at DMP start Sept 2009 £3626.55
            Managed by Wescot (unsure when) £416.89 outstanding.
            Last payment via Stepchange 1/12/17
            CCA requested 10/12/17
            16/2/18 Email sent to Wescot advising of change of income
            20/2/18 Email received by Wecot to say the account is on hold until 22/3/18 to give me chance to seek debt advice.

            1/4/18 Received a letter from Cabot welcoming me back saying that they are going to take the account back from Wescot and manage my debt to them and for me to contact them.
            I have not received the CCA yet and the balance has changed to £381.72, I think this may have been because of the last payment by stepchange.


            28/4/18 Letter received from Cabot Financial UK Limited saying that my account has been returned to them and they are still waiting to hear from me.
            Apparently they can offer me a personal plan.
            I have filed this with the others


            This had been passed to Cabot Financial (Europe) Ltd, I need to check the date as I cannot remember when.
            28/2/20
            Cabot have now passed this on to Robinson Way as I have not made contact with them.

            8/10/20
            Letter received from BPO Collections saying they have been instructed by Cabot Financial to recover the outstanding balance.
            They also sent someone to my house ( I cannot find the card they left, my paperwork needs overhauling)
            I did not answer the door or make contact. BPO regularly text and email asking me to get in touch.


            19/12/20
            Letter received from Cabot to say that the account is now back with them and they would like me to contact them.


            28/2/21
            Letter received to say that an agent from 'Resolve call' will attend at my home address as I have not made contact with them.

            20/3/21
            received letter from Resolve call today to say that they will visit my home if I don’t respond


            30/6/22
            Apologies for gaps, I believe Cabot took back this account but they have now passed back onto BPO as I have not paid them.
            BPO have offered 50% off the debt.
            Last edited by Bluemonday3; 30 June 2022, 08:36. Reason: change of DCA

            Comment


            • #7
              Debt 3
              Bank of Scotland Credit card started approx 1999 .
              Balance at DMP start date Sept 2009 1490.99
              Managed by Lloyds £869.92 outstanding.
              Last payment made via Stepchange 1/12/17
              CCA requested 10/12/17

              27/4/18 Disappointed to have received the CCA today.
              I am sure it is for this account though the reference is different and the outstanding balance has increased to £975.46!
              The signed agreement is mostly ineligible and they have enclosed a reconstituted version of the current terms & conditions.
              They tell me that the debt is fully enforceable and they intend to pursue this.
              Copy has been emailed to Niddy for advice.


              27/4/18 Niddy says this is which I am pleased about but scared at the same time as they have told me it is enforceable and will pursue it.
              Letter & CCA was sent from Halifax and part of the Lloyds group who have been awful to deal with along my journey, so I am bracing myself for more hassle!
              I will update when I hear more from them !
              Last edited by Bluemonday3; 28 April 2018, 08:02. Reason: Update from Niddy

              Comment


              • #8
                Debt 4
                Lloyds TSB credit card started approx 2006
                Balance at DMP start date Sept 2009 £1703.27
                Defaulted 29/5/2012
                Managed by Wescot £235.93 outstanding
                Last payment made via Stepchange 1/12/17
                CCA requested 10/12/2017
                16/2/18 Email sent to Wescot advising of change of income
                20/2/18 Email received from Wescot saying they will place the account on hold until 22/3/18 to give me chance to contact Stepchange etc for debt advice.

                12/4/18 Received a letter from Wescot saying that the dispute I had with Lloyds over my default date has been resolved so I need to start making payments again.
                No mention of my CCA request, even though I have a letter from them acknowledging this.


                21/8/19 Communication received from Lloyds saying that as I have not set up a repayment plan, I need to contact Moorcroft who they have passed the debt onto! I am struggling to edit this to put this under my Lloyds debt section!
                Managed it!!


                31/8/19
                So Moorcroft now have this debt, and have sent a letter, text and left two voicemails on landline.
                I am conscious that Moorcroft can be very tenacious.
                can someone please advise do I send a CCA to Moorcroft or just ignore them as neither Lloyds or Westcot have provided this?


                A representative did call at my house on13/11/19 to discuss the account. I was at work at the time and hand delivered letter was posted telling me I should get in touch ASAP.

                15/3/21
                annual statement received

                20/12/21
                today I came home to a letter from Link Financial re collecting this debt.
                I am losing my way a little, do I sit tight or send a CCA request.. I can’t remember what to do?!

                15/01/22
                The letter from Link includes one from Lloyds to say that Link are now managing the account and that Lloyds have no interest in managing this. They have started calling, texting and emailing.

                28/4/22
                Further letter received from Link asking me to contact them.

                31/5/22
                Further letter received from Link advising I need to contact them.

                23/07/22
                Statement of Account
                The accompanying leaflet says this letter is an 'arrears notice'
                The letter is asking me to get in touch if I have no arrangement in place. It states it is a 'subsequent notice of Sums in Arrears'
                Last edited by Bluemonday3; 23 July 2022, 11:53. Reason: Letter from Link

                Comment


                • #9
                  Debt 5Egg Credit Card started 25/11/2004
                  Balance at DMP start Sept 2009 £1485.26
                  Managed by Cabot £201.10 outstanding.
                  Last payment made via Stepchange 1/12/17
                  CCA requested 10/12/2017
                  Received a copy and statements 19/12/2017
                  19/2/18 CCA sent to Niddy for checking.

                  27.2.18

                  I had agreed to a token payment of £1 per month starting next month as they phoned me to set an agreement since I had stopped paying by Stepchange.
                  Any advice would be great as to what to do or not to do next ?!


                  6.3.18
                  Text message received from Cabot asking me to contacting them re this account. This is the only one I have said I will make a token payment to starting 18.3.18, however I have not set this up yet as I am undecided as to what to do next.
                  As advised I will not be calling them.


                  19.3.18
                  Text message from Cabot saying ' Hi It's Cabot your payment is slightly late could you please make the payment or call us'
                  I have ignored this.


                  28.318
                  Letter received from Cabot dated 26.3.18 saying that as I have not made a payment since the £1 plan was set up I need to call them to make a new arrangement.
                  it's starting to feel like they are escalating their pursuit of this debt, but I have not responded to the letter.

                  30.5.18
                  Text message received from Cabot asking me to contact them. IGNORED



                  13.12.18
                  I have been a bit slow at updating this as I have been overwhelmed at work, but I have had several letters and texts and phone calls from Cabot, but I have not responded to any.
                  I have got home today from a letter saying that as I have not been in touch with them they are going to send a company called Resolve call to my house!
                  I have never heard of these and have know idea what powers they have or what to expect, please can someone advise?

                  21/11/20
                  Letter from Cabot giving me 9 days to respond or they may take further action such as sending an agent to my property.

                  15/3/21

                  I have received another letter asking for my attention.

                  20/6/22
                  After receiving many letters from Cabot asking me to get in touch (apologies for not keeping this up to date, have lots of personal stuff going on) Cabot have now passed onto BPO.
                  They have offered for me to clear the debt by halving it!
                  Last edited by Bluemonday3; 20 June 2022, 16:52.

                  Comment


                  • #10
                    27.2.18
                    Niddy tells me this is unenforceable, which is great news but scares me somewhat!
                    I had agreed to a token payment of £1 per month starting next month as they phoned me to set an agreement since I had stopped paying by Stepchange.
                    Any advice would be great as to what to do or not to do next ?!

                    Comment


                    • #11
                      Originally posted by Bluemonday3 View Post
                      27.2.18
                      Niddy tells me this is unenforceable, which is great news but scares me somewhat!
                      I had agreed to a token payment of £1 per month starting next month as they phoned me to set an agreement since I had stopped paying by Stepchange.
                      Any advice would be great as to what to do or not to do next ?!

                      spoke to them on the phone - never. which way do you want to go about this one i.e:- Unenforceable or just pay them a £1.00 . only you can decide the route to take. read other threads and see how others are handling their problem! others will be along and comment also no doubt??
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Thanks for the reply. I have always been committed to repaying my debt so feel somewhat anxious about ignoring them.
                        I will look at how others are getting on before I decide.
                        They phoned me when I was walking the dog and caught me off guard.. they wanted to do an I & E then and there and wanted by bank details, which I told them firmly NO and it wasn't something I was prepared to do over the phone especially whilst walking the dog!

                        Comment


                        • #13
                          P.S I did offer them £60 to settle the debt in writing which they ignored, but then told me over the phone, that it wasn't enough!

                          Comment


                          • #14
                            Originally posted by Bluemonday3 View Post
                            Egg Credit Card started 25/11/2004
                            Balance at DMP start Sept 2009 £1485.26
                            Managed by Cabot £201.10 outstanding.
                            CCA requested 10/12/2017
                            Received a copy and statements 19/12/2017
                            19/2/18 CCA sent to Niddy for checking.
                            UE
                            P.S I did offer them £60 to settle the debt in writing which they ignored, but then told me over the phone, that it wasn't enough!
                            The figures speak for themselves. The Debt was an Egg Credit Card (which nolonger exists) Cabot would have paid pennies in the £ for this debt and after you have paid back 87% of that Debt!
                            Your offer of £60 brings that to £1344.00 that's 90% of the original Debt and Cabot want %100 on a CCA that is UE.
                            If you look at the Cabot Letters on the Right hand side what is the name of the CURRENT CREDITOR is it Cabot Financial (UK) Limited ?
                            I and many others here have experienced these phone calls and intimidatory demands .
                            It is your choice off course but you have come to a Site that will help you take control off your debts and grow in self confidence and within the Law.

                            Comment


                            • #15
                              Hi Roger, thanks for putting up your post as this has made me see this a whole new way! Yes I have paid back a huge portion of it, so that does makes me feel better.
                              I have checked the letters and the current creditor is Cabot Financial.
                              So would you advise that I just ignore them or would you send a letter to tell them the CCA is unenforceable ?

                              Comment

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