I know I’m wittering on about addresses, but on my credit file Newday (Fluid) have the correct address from when the debt was taken out. Cabot who own it now have reported on the credit file that I have moved and not given them a new address. I’ve not moved. I know you’ve said to ignore everything and I will but if they try for a back door decree will I be able to get it removed. Also, on my wife’s credit file, all new addresses are correct apart from M&S bank. As you know a few months ago I mentioned they refused to change it without ringing, well it’s been sorted I have proof I’ve given the correct address, and today Wescott have written using the wrong address, and M&S still have it wrong. Is it my wife’s responsibility to keep telling M&S (she’ll ignore Wescott) or is it their problem if they can’t use the correct address and therefore if she got a back door CCJ it could be challenged. Sorry to be a pain

@dx100uk Just to confirm, I’m literally going to ignore everything from now unless I receive a letter of claim or Scottish equivalent. Post #31: I also ignore Perch Capital and not CCA them? Same applies with any new owners of any debt and CCA at the point of any letter of claim now. And addresses just forget about. Thank you Stuckfast

Thanks Yorky

Thanks London, we’ll focus on priorities and not contact them. Yeah, all addresses were changed in writing but some have since passed on the new address incorrectly so our neighbours keep getting the letter or postman sometimes catches it and we get it. Thanks DX, we’ll do that. Sorry, I’ve made an error with what I said regarding Oakbrook (Likely Loans) and ACI, I’ve just looked again. I have received a notice of assignment on ACI letter head (email) stating that Oakbrook trading as Likely Loans have sold the debt to Perch Capital and have appointed us ACI to manage it. In this notice of assignment ACI stated that Likely Loans had shared information about my personal and financial situation and would like to help going forward. I was just wondering if I should confirm I don’t have any money, CCA it or wait with doing CCA with it being new from late 2021 or ignore. The debt was for £1500 but they preloaded the interest so it’s over £2100. It was taken out in Scotland. Thank you again Stuckfast

Thank you HB Just an update and wondering when to ignore or update creditors and is it time to set up pro rata. No payments have been made to any debt for around a year now and all have defaulted except Starling. Do we need to keep OC and sold on owners informed that we have a deficit and payment plans with council tax and ground rent until April 2024 and little chance of health improving. Worried they may assume we have money and are refusing to pay rather than cannot pay and then they do a letter of claim, is it important to have kept creditors/debt owners updated, especially as we have no pro rata set up for any and especially if ever it got to court. If an OC knows we have hardship troubles and then sells the debt on, do I re- inform the new owner of hardship or ignore them. Not sure with data protection if they pass the info on or not and therefore it helps them to be updated. So far I’ve just ignored most, though I think some know but not all know. The reason I ask is Oakbrook (likely loans) sold it to ACI. ACI have written saying they have a note that we are in financial difficulty. Should `I confirm this with them or do a CCA, haven’t paid for 18 months so can a CCA wait. I want to try and avoid court claims where possible and not sure but I’ve read there’s a time to ignore and be radio silent and a time to keep them updated so they know what’s going on. Writing an update to them acknowledges it and resets the statue barred clock though, is that correct, as does making a payment. I’ve read up and see that after default I should set up payment plans. Nothing has been paid in about a year. In post no23 you said to wait and see where they go, no rush, I’m just checking if it’s time yet to set up a pro rata plan. This keeps happening how is it handled please: we wrote and changed all addresses from when we moved but some creditors agents and debt owners are using the wrong address, should I let them know in case they issue a letter of claim, or is it their fault if they use the wrong address once informed in writing of the correct address, they’re getting the flat number and house number wrong and post code. The original creditors did or have used the correct address so it’s the new owners or debt agents that are getting it wrong. My Scottish debts living in Scotland: Monzo Overdraft, flex and loan; Capital one credit card …haven’t heard anything since default. I don’t think Monzo sent a default notice for at least one, unless it’s on the app but they’ve closed it down so I can’t see any info anymore. Should I offer a pro rata yet and is it right we wouldn’t get a letter of claim but a sheriff delivering papers, would we get any pre warning. Fluid credit card have got resolvecall involved, RC are using the wrong address. Should I tell them or leave it. Fluid have it correct. Wife’s English debts living in Scotland: Clydesdale Virgin know we have a problem with deficit and health, they asked for a letter from GP and IE form be filled in. She doesn’t want to do a GP letter but could easily get one. Should we keep them updated, will it help for when they sell it. She won’t be able to pay anytime soon. Nationwide and Tesco are now with Opus and Moorcroft but not sold yet. Should we do a pro rata plan yet or keep them updated. Starling overdraft have still not defaulted and adding interest each month. They know the situation but seem to have forgotten and it’s like it’s all gone back to the beginning of collection again, which makes me wonder if they keep any info they were told or not. The two Aqua, you have already said are unenforceable, Cabot are writing asking about the situation, Cabot gave it to Orbit to manage who got the wrong address and now today Cabot have written with the correct address saying they are taking it back over again and want me to do a payment plan. Should I ignore or update them on the situation, to hopefully stop them doing a court claim. I know you said to ignore Link until letter of claim but wondered if same applied to Cabot and wondered why are they taking it over again. I think I’m struggling to work out when to keep them updated and when to ignore, because getting lots of phone calls (we don’t answer) but happy to write if it helps them to know for sure it’s a waste of time trying to take us to court, also happy to ignore but if it comes to court in time, want to have done everything correct from keeping them updated on the situation if necessary and to setting up pro rata, rather than them say to a judge we’ve ignored it, just I’m getting lost off with who knows what but it’s written down and screenshot somewhere apart form the apps, I lost all that info I had so what I’m saying is if they’ve been told once is that enough even when sold on and do I need proof or does it even matter. Several had refused £1 a month because of the deficit. I’ve read you should pay OC and enforceable £1 as way as good faith. I haven’t done this in the last year and not sure if it’s time I should. Most were ok at taking no payment for a year but now the year is up do I contact them and when they contact me do I reply and update them. Thank you Stuckfast

Ok thank you DX, They did say in the covering letter that in the event it is a reconstituted CCA that they have still fulfilled their obligation but I can’t see anywhere that they have said it is reconstituted. Is it possible that in the future they could just claim that this is reconstituted and take my wife to court and does the fact the date is different make any difference. I’ve read up some previous posts but always makes me wonder why don’t they just do that anyway, them just say it’s reconstituted. I’m best to wait for their response now that’s right isn’t it and no payment plan. Thanks so much for your advice on this

Wow that’s great news thank you DX, I’m 100% certain her name isn’t typed next to that box, it’s a real shock I honestly thought they knew so much detail that you were going to say it is enforceable.

I’ve enclosed a screenshot of the sign up email Aqua sign up email screenshot.pdf

Yes, her name was included at the beginning of page 2, where it says: your agreement is between Newday and you and then name and address inserted. that’s right, her name is not on page 27. Page 27 shows a ticked box, a date and time for her, an ip address for her and a date and time for Newday. I’ll screenshot the email and upload, thank you for doing the PDF it’s much appreciated. I will learn how to do large documents for another time. Stuckfast

One thing I’ve just noticed is the date when she signed, it’s not right by several months, the date on the CCA is before she signed by several months, we’ve just found the sign up email

Yes, it’s the correct address at time of take out and the IP address is from the area at that time too. this Cabot debt is my wife’s, taken out in England but we live in Scotland. Thanks DX Stuckfast CCA Return.pdf

Cabot who own the Aqua Credit Card have now also sent the CCA agreement info. It’s got the name and address correct and is computer signed with date and ip address. They also sent another cca agreement in addition which said it doesn’t contain any details.

Thanks DX. Your advice is appreciated, I’ll do that. Stuckfast

Hi DX I wondered if you would help again please, I can’t see how to reply to my thread and again thanks for the help, so far the journey has been ok, many put us on breathing space and then defaulted. We’re resident in Scotland but the following debts mentioned are English ones. We’ve changed all addresses and asked for everything to be in writing only and did CCA’s for any that are sold and all came back non enforceable at first. I have a few problems. 1) Link Financial now have the CCA request for the Aqua Loan they own. They’ve sent a summary of account and terms and conditions. The t&c have correct name, correct address, the amount borrowed amount due plus correct amount due per month. The signature box is blank, it was taken out online but there is no tick box, no date and no IP address. It’s on Link headed paper and they didn’t say it is reconstituted just that it is now enforceable. 2) Starling haven’t defaulted yet and been on breathing space since August, they are now adding interest on the overdraft. Should I just continue to wait and let this happen. 3) Marks and Spencer credit card will not accept the change of address unless wife phones them. They sent a letter to the wrong address which our neighbour a few doors away received saying that they can’t change the address unless she phones them. Our post redirection has now stopped so if they post to old address or continue to the wrong address (a few doors away) we won’t know if they send a letter of claim. So far we haven’t phoned, just checking we’re doing right and what to do. 4) Tesco have written asking wife to phone, despite asking for things to be in writing. In fact thinking about it we haven’t heard much from some of them but should she be thinking of doing the pro rata for the ones with the original creditor or wait for them to write. The following are the Scottish debts taken out in Scotland, 1) Most have now defaulted in December/January and I’m currently not paying pro rata because of breathing space and income deficit. Haven’t paid anything since August. The ones that have just recently defaulted and with Original creditor should I now offer the £1pcm though many won’t accept because of income deficit then Pay the £1pcm even if they don’t accept. Thank you I just don’t want to go about it all wrong and know you’ll know the way to go.

Update The bank have stopped the direct debit and the £9.99 has been refunded. Thanks again