On checking through all the loan documents,

should I have expected to see all statements for the loan account?

I only got copies up to May 2015.

The account is still current and I have been receiving, albeit by forwarded Royal mail, 3 monthly statements.

Hopefully they act on my new address advice to them sent last September!

OK dx thanks

Now received a pack from Barclays Marked " Personal Data Request" and "Start of Right of Access Response"

It was sent by their General data protection Team and includes details for a loan account and a credit card.

The loan details includes a copy of a signed Credit Agreement regulated by the Consumer Credit Act 1974, signed by me and dated 2/9/2004. It refers to Terms and conditions overleaf, but copies of these were not included in the package just received. The Original Loan expiry date was September 2009.

Barclaycard:

Their records indicate Last Billed 15/03/2024 (not rcvd. by me)

Last date account in order and not delinquent 15/03/2024.

Date account closed 31/12/9999 (!),

They show "Account not in Collections" and last payment posted 16/04/2007(!)

also Last Payment Recorded as 02/10/2023.

In their memo Details section: Section 78 Outcome "unenforceable" recorded on 12/10/2023.

As stated in this thread, I had been paying off both the loan and card.

I had stopped paying the card but am still paying the loan's nominal monthly payments.

Thank you dx, that is what I intend to do now.

I have gone through all the SAR documents, a lot of which I am seeing for the first time!

As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received.

Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery.

I have all the proof you mentioned from my files for payments and from their SAR info for fees added.

Thanks

t

I have been checking through the documents sent to me under the SAR.

There are 2 sections: "Copies of all correspondence that has been received and filed" and " Copies of all system letters that have been generated and sent". Within the "system letters" section there is a sub-section marked "System Notes supplied by Weightmans and Mortimer Clarke".

Would it be expected that these sections are comprehensive and do reflect all incoming and outgoing correspondence and accurate details of all payments made into the account? There are many items not mentioned in the notes that I have received in the SAR but were sent, and other items recorded in the system notes that I have not received or seen before.

In the event that items such as letters and payments made are known to have been sent/made and yet are not noted, and payment details not supplied/recorded what would be the best way forward? I have never received statements for some periods that the account was "open" and payments made during those periods are not shown in the notes.

Thanks

t

I don't have all the statements, they were not all provided.

I have latter years from Marlin 2011 to close at 2023, and just a10 month period from Weightmans starting October 2008.

Neither accurately record my payments, as above some payments, for which I do not have their statements were recorded by Weightmans over a year after they were made!

I can see the payments on their System Notes and Letters supplied with the SAR

I can send, but I would need to send very many pages and you or someone would need to scroll through all the entries to identify the payments made.

There are only the actual statements as I have described above.

This I have done hence the figures above.

Thanks

t

Default Amount £9237.88, all this started in 2006

Admitted debt £9075.65

Weightmans added £1515.01 immediately they became involved, no explanation

The Statement shows when Marlin bought debt in May 2011 £10439.25

Their statements, not received until the SAR, are based on this.

Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR.

Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee.

Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR

I had been paying monthly, without exception until December 2018.

I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made?

I consistently disputed Weightmans balances, but they never responded.

I also told Mortimer Clarke/Cabot that I disputed their amounts.

I have now received my SAR.

It includes a great deal of information!

s there a time limit on how long account information is kept and/or can be provided to debtors?

I have received many account statements which were not previously sent to me.

I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case?

Also what, if any, are the regulations in regard to adding fees to a debt?

Can fees be added to a debt after the court has approved a charge on a property.

Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made!

Following the Legal Charge, I paid every month until my payments were refused.

I am trying to compute the over payments, but the addition of fees etc. is confusing me.

Any comments and/or help would be appreciated.

I have had a further response from Cabot. They state that they have "found" 2 additional accounts in my name on their files, and did I want the SAR to apply to these accounts too.

One of the other accounts they have already confirmed to me is unenforceable. The other account they say is "closed". It was originally a MSDW credit card account which was moved/sold to Goldfish in their corporate shenanigans.

I stopped paying that card very many years ago, as MSDW were returning my payments!

My question is,

if I confirm to Cabot that I want the the SAR to apply to these accounts too, will they/can they resurrect any issues with these 2 accounts?

A comment relevant to post #107 above, Mortimer Clarke have agreed a small payment to me in respect of their mistake of sending correspondence to the wrong address!

Thanks

t

DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28.

The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised!

Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account.

I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!

Update!

I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice.

They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents!

I have made no such request and am minded to ignore their request for extra information?

I should add that their letters were sent to my correct current address!

Link for CCJ on MBNA credit card and Barclaycard loan

Stopped paying total £67.35 pcm. on 5 debts

Still paying £21.03, on 2 debts,

1 of which is under CCJ.

Debts wiped until comply = £18,436,

this excludes debt that was subject to Charge on house.

As Post #2 on this thread, I have taken action on each account.

I am still waiting for some responses.

I have been advised by most that they cannot provide the card agreements.

It has taken some providers a very long time to respond!

Natwest Visa have stated that the agreement is "unenforceable" but if they "do not receive the required payments as requested on the monthly statements" (yes they are still sending monthly payments, albeit to the wrong address!) "we (sic) may take such action as is legally permitted to pursue the outstanding debt"

Any comments and/or ideas please as to what action might be expected?

Thanks

t

Another Update

Mortimer Clarke have advised that they will not be providing any information to me under my SAR, as they have been requested to supply to Cabot. Their letter to me was initially sent to an incorrect address! Hopefully they will supply correct information to Cabot!

Weightmans have confirmed that HFC (the original creditor) sold the account to Phoenix on 20/5/2008, then on 12/04/2011 Phoenix sold the account to MCE Portfolio Ltd (which have I had never been advised of!) Then on 17/10/2011 MCE transferred the account to Marlin 1 Europe. On 18/02/2016 Marlin then assigned the account to Cabot Financial (Marlin) Ltd.

In 2018 Weightmans stated that they were instructed to "close all live files on this portfolio". Weightmans have not confirmed who instructed them and precisely when. Weightmans also stated that "as W ceased to act on the account over six years ago, we no longer have a file on our system which relates"

UPDATE

After sending copies of my driving licence and passport to Cabot (at their request!) Cabot have confirmed that they will provide the response to SAR before 22nd April. They reference the original HFC Bank (Marbles) credit card, as noted on the CH1 legal charge.

Responding to the figures in red on DX' post #86, I have never received statements from anyone for my payments since September 2009, when Phoenix Recoveries allegedly "owned" the debt then. The Statement was provided by Weightmans, payments were being made to Marbles. A written statement verifying the charge on the CH1 was never formally provided, having been agreed at the court hearing.

In response to my SAR Weightmans state that they have no personal data for me, they do confirm that they were "formally instructed" by both Phoenix Recoveries and Marlin, and said they do not hold my personal data "disclosable to you (sic) under Article 15 UK GDPR"

I have had no responses to my SAR requests from Mortimer Clark or Marlin. I appreciate that they are part of Cabot, but as per previous post, SAr was sent to all.

Thanks

t

Thanks for your help dx,

Am sending SAR's off today.

t

Thank you dx.

"I subsequently agreed to a Legal Charge on a property for a fixed sum"

But the CH1 Legal Charge, Paragraph 8 stated "To secure the sum of £9,817.15 only, such sum to be repaid by a schedule of repayments as may be agreed by the parties from time to time"

I had an agreement, as referred to in post numbers 55 and 67 amongst other posts on this thread and payments were made on a monthly basis for many years.

My point is that the balance owed, after the agreed monthly payments made after the issue of the CH1 to clear the charge as at January 2023 was lower than that stated by Mortimer Clarke.

They were informed of this.

I received no statements from anyone showing all payments made.

I "panicked" (as you describe) as I was threatened with bankruptcy and had inadequate legal advice as mentioned in a previous post on this thread.

I'm just trying to obtain some justice!!!

In response to post 85:

I quote from my post number 82:

Before the Legal Charge was issued Weightmans tried to make me Bankrupt.

This was dealt with in a county court which made an order in the case, dismissing the Bankruptcy Petition.

In the Court's Order, there is a Note to Debtor:

“It is your responsibility and is in your interest to ensure that the registration of the petition as an entry, both in the Land Charges Register and your registered titles, is cancelled.”

I have checked today and can confirm that the entry of the charge on the Land Registry has been removed.

Does this satisfy the Court's Note please?

That is a quote from the court order when the bankruptcy petition was dismissed.

Thanks dx.

if I understand you correctly, I should send a SAR to Mortimer Clarke?

The payment was made to their account.

They were taking instructions from Marlin Europe 1 Ltd.

No action is needed on the Court's Order?

I understand about the other Cabot debt.

Thank you.

t

Before I contact Cabot about this charge "con", what are the views about the situation I now find myself in please?

I set out below, for ease, the history of this matter.

I am currently being chased by Cabot about an old credit card account which Cabot have confirmed is unenforceable.

They have offered me a settlement for this old account which almost covers the overcharge for the Marbles Registered Legal Charge.

The Marbles card debt on this thread was "satisfied" by the sale of the property on which the Legal Charge was registered on a CH1 form with the Land Registry dated 19th April 2007.

An inflated sum was paid to the solicitors, Mortimer Clarke.

I disputed the amount they requested.

My conveyancing Solicitor advised that I pay the sum they requested in order not to delay the sale of the property, The inflated sum was paid in January 2023, and MC confirmed their receipt and the sale proceeded.

MC confirmed their client as Marlin Europe I Limited.

1.  The CH1 “Legal Charge of a Registered Estate” was taken out by the Lender HFC Bank. 

The debt was passed about to various debt collecting bodies, but the repayments were always made to Marbles, until they refused to accept the instalments, I ceased paying the instalments!

It was never confirmed to me who actually and eventually owned the debt, as correspondence was always with solicitors, Weightmans and Mortimer Clark.

The solicitors’ correspondence referenced their clients as “Phoenix Recoveries (UK) Limited S.a.r.l, on behalf of Potomac Recoveries, and Marlin Europe I Ltd” I have never received any correspondence or confirmation of any sale of the debt from Marbles or any of their “Clients”.

I think that HFC no longer exists? If so and given that the CH1 Registered charge is in HFC’s name, is there any other steps that I should take to ensure the charge is properly removed please?

As the charge on the register has been removed, is this still relevant please?

2.      Before the Legal Charge was issued Weightmans tried to make me Bankrupt. This was dealt with in a county court which made an order in the case, dismissing the Bankruptcy Petition.

In the Court's Order, there is a Note to Debtor: “It is your responsibility and is in your interest to ensure that the registration of the petition as an entry, both in the Land Charges Register and your registered titles, is cancelled.”

I have checked today and can confirm that the entry of the charge on the Land Registry has been removed.

Does this satisfy the Court's Note please?

Is there anything else I need to do to satisfy this?

The original Legal Charge on the CH1 included a Weightmans fee of £741.50.

The sum of £7,322.36 (including W. fees) was paid to Mortimer Clarke to satisfy the charge in January 2023.

According to my records, the actual sum owed, after considering the repayments made since the Legal Charge was issued, was £5,889.88.

The last payments before the £7,322.36 were made in 2021.

The last account statement was received in October 2009.

A total of £180.00 was included on the account relating to “Late Charge Assessments and Late Payment Admin Charges”. No PPI charges were applicable.

 The "One off Payment" for the unenforceable account that Cabot are offering is £1506.14, the overcharge of £1432.38 on the Legal Charge almost covers the unenforceable account debt.

Is there an undue enrichment case for Cabot please?

Thank You

t

Good News!

I have spoken to the solicitor, and she confirmed no need for a codicil! I have made a small donation to CAG!

Thanks Again

t

Thanks everyone for your help. I did just ask how much a codicil would be. Following the comments here, I will get back to them and ask 'if a codicil is required for change of addresses" I will let you know of their response, although now I suspect that they might say yes!

Thanks

t

What is the best way to proceed please?

My home address stated in my last will and testament is now out of date.

It is not referred to in a numbered paragraph, merely as " This is the last will and testament of me tedney, 123 Anyplace, Anytown, AA11 1AA. Whereby........'

In paragraph 2, the home address of one of the executors and Trustees is also now out of date.

I have been quoted nearly £200 by a solicitor to make out a codicil. This seems a very high sum!

Can I just file, with the will (which is in my possession), a type written note showing the 2 new addresses?

No names or terms of the will will be changed.

Will that be acceptable?

Thanks

t

OK

My contract is for 2 years.

I have received 2 seperate monthly bills to date, both of which are similar and agree with the"sign up" deal.

The charges on the bill are shown as:

"Monthly Service charge £* (actual charge shown on bill)

Your Promotional Discount Until *September 2025 £* (same as charge shown on bill)"

Not checked yet with the provider, but, going forward, what can I expect to pay monthly in the future? From the statements, can it be that the discount will be applied for 2 years? Surely not!

Thanks

t

The reason for my post was to try and find out if there is any advice as to how I can pursue with OFCOM without a "deadlock" letter from Hyperoptic. They are not responding to my emails.

In their terms and conditions they have a set daily amount that they pay out for delays for providing their service etc. I had to pay out for a 4G dongle which they failed to provide, even though they had confirmed to me that they would provide FOC until proper connection

.

Thank you fkofilee

Some compensation for my time and expense as the company did not provide the services etc as outlined on their documents