Loss of employment, £50k plus in recent debt, help needed to plan the future

[dx100uk]

Be careful on the date of threads you read 

 

The 30 days went out the window in 2006.

 

Dx

[dx100uk]

there's not alot of point unless the credit takeout date is say +10yrs old in sending a CCA request if the original Creditor still owns a debt.

 

once the debt is sold on and you get a NOA, then is the time for a CCA request .

once the 12+2 working days timelimit has expired, should you be paying the new owner, one of your options is to cease payment.

 

should the owner latterly send some paperwork, scan it all up for us to check.

should the owner ever send a letter of claim, regardless to a CCA reply or not, comeback here.

likewise should the owner ignore the PAP and you get a claimform pack via northants bulk court, comeback here.

 

until any of the above ,, sit on your hands.

 

dx

[Badtimes123]

Perfect summary dx thanks

 

I really appreciate it

[Badtimes123]

Letter received from Debt purchaser stating ' the OC is unable to comply with request for documentation within the 12-day initial timeframe. '

 

They state ' the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default. '

 

Unsure exactly what that last part means.. they haven't returned the PO

[dx100uk]

until they do ignore them.

 

dx

[Badtimes123]

Yep indeed, just keeping the thread upto date with all correspondence.

 

This is the first letter received with a named person on it, so I suspect the account will now be managed by a team rather than the auto generated letter spam to date.

 

Given this purchaser holds multiple of the accounts, I do wonder if they will correlate them now at this point.

 

I can see how the OC has little/no incentive to work with them as there is no profit to be had for them since selling the account. Given the CCA is for the DP, I wonder if OC would even engage with them? is a DP 'allowed' to request my information from an OC if it wasn't shared during the sale of the account? just thinking out loud...

 

Sitting on hands as advised

Edited April 5, 2022 by Badtimes123

[dx100uk]

yes they are ofcourse the dca own the debt once a NOA is sent.

 

have a good read of recent threads in this forum where your thread is.

Debt management and Debt self-help - Consumer Action Group

[Badtimes123]

Granted, I haven't read as much as in 2022 as I've returned here mainly to update my own thread but none-the-less I have been reading new posts you and others have made to all kind of threads! I've even tried to help others on this forum..

 

If there is some information that you want me to know, then why not link the thread?

 

I have very few unread threads on this sub-forum, but when my kids are in bed later I'll return with a brew and see if I can find that needle you are referring to..

 

So what answer am I looking for dx? I didn't know I had a question

[dx100uk]

Eh?

No Just general understanding.  

You seem to be getting easily confused over simply matters . Looking for a far more complex answers than the ones that are  already in front of you 

[Badtimes123]

Sorry I just feel like I've read alot, have learned alot (thanks to you guys) and didn't really have any other questions in particular and so your post kind of made me feel like you were saying "oi, read more" without context as to what I was needing to learn.

 

I get the general understanding piece, thank you, I will keep upto date with other threads. In fact I had forgotten my Fam has plans tonight so actually I have the evening free and had already made a start reading all unread threads with a warm cuppa in hand, I'm well into page 2

 

Apologies I might have been frustrated earlier with your reply because I didn't understand why you were advising me it, I tend to type as I speak and think which isn't ideal for a forum, sorry about that

 

I'm not confused, you dx have been more than straight to the point with what I need to do. I'll try to edit my replies such that they don't contain my musings which could be misunderstood as me looking for info that isn't needed/invalid

 

Thanks for hanging in with me I will only post updates relating to further correspondence.

[Badtimes123]

All threads read back to last posts of early 2020

 

Shame some of these threads are now closed after what seemed like was about to be the important bits - I hope these people got them sorted.

 

So, I just checked my credit report, all accounts except 2 are showing as defaulted, the ones that haven't yet are my old OD with Halifax and the JaJa (formerly Post Office CC which apologies I missed off my original post) but what has surprised me is that since my defaults circa sept 2021 my credit score has rose from 0 to 322!! that's insane! I guess it's my mortgage account that is bumping this up as naturally that is getting paid every month without fail.

 

It's nice to see that my credit util is almost rock bottom since the defaults remove the accounts from active credit accounts so that's given me a real boost just now

 

Any way for me to speed up the one CC and old OD that seem reluctant to default?

 

Thanks

[dx100uk]

They will .

 

Let it run

 

Dx

[Badtimes123]

Good afternoon CAG Team,

 

Latest update is for the Link/Kearns one noted above in my most recent posts.

 

I have (in the last few weeks) received a letter from the solicitor stating that they are no longer acting on behalf of the purchaser - good result given they were threatening court in their last letter before the CCA.

 

Also, I've received a letter from the debt purchaser confirming that the OC is unable to comply and provide ANY of the requested documentation to prove there ever was a debt.

 

They do state however that it is 'acceptable' that they continue pursuing - I would argue otherwise!

 

Additionally, the debt purchaser has sent me a statement whereby they have taken to £1 PO and applied it to the account as payment!!

 

even though my letter was clear it was for the purposes of the CCA and nothing else, they were instructed to return said PO to me should they not be able to comply - I've seen this in other threads happen too.

 

What is the advice at this point please?

 

----------

 

Following the Golden Rule of CAG I want to ask your opinion on this before doing anything as I haven't seen anyone else do this and wondering why:

 

In cases where the OC cannot provide ANY proof that the debt ever even existed (considering that in all my letters I stated 'I do not acknowledge the debt'),

 

is it not possible now to reply to the debt purchaser stating they are not to 'continue pursuing' anything because this debt never existed?

 

I was aware of a debt, but what about people who genuinely (due to admin errors perhaps) never had a debt,

 

how is it legal for them to continue at this point?

 

I feel even just a GDPR kind of 'you must now stop processing my data' would put the nail in the coffin?

 

If the above is not advisable then surely this leads to cases where the companies can act and it be considered extortion, right?

 

There is nothing stopping this company selling this debt on again in the future without telling the new vultures of unenforceability of the account, hence my thoughts on stopping this right now.

 

Thoughts please?

Edited May 7, 2022 by dx100uk
Spacing

[dx100uk]

All of what you mention is quite STD practice for all dca's for the last +40yrs

 

.. but because people keep responding and then successfully get scammed is why dca's do so . Don't be a dca's cash cow mug

 

Nothing you need to do.

 

 

[Badtimes123]

Thanks dx, speedy reply as always!

 

Any comment on my questions in the second part please? without documentation this should be able to be stopped right now?

 

Does them applying the PO reset the statue barring as it will be perceived as a payment on the account?

 

Thanks

[dx100uk]

No 

&

No

 

You really need to read a good few threads in this debt self help forum.

 

 

 

 

[Badtimes123]

You didn't just say that dx... my god.. I don't find it funny.. don't tell me 'just general understanding', or I'm asking questions that complicate things?

 

I don't think I've come across anyone asking them questions in any thread -  I don't it's stupid to ask whether I can stop this right now given there is no enforcable documents, I'd rather not deal with the next buyer, then the next buyer, when in fact this could be stopped in it's tracks, has anyone else asked these questions? I don't recall them if so, and I can't read 1000's of posts again for the answer, I want to be able to ask questions and feel like a debate got us to the right answer.

 

As mentioned in my previous posts, I've read everything even remotely close to my situation and remembering these small details is difficult when months pass before things move regarding my debts. I cannot revisit every thread as you keep saying, looking for that needle every time I have a question!

 

I've even been back on occasion to re-read threads in full that I know I've already read, looking for greater understanding - I'm sure an admin can see my activity and see the threads I've visited and how many times.

 

I'm keen to help others and for all you know at this moment, I could be the next dx with the right guidance, I would have thought maybe my questions would help us all consider what we know further and hence have better advice for those that visit in the future, I'm sure your first posts were not god-like and you had a learning curve, we all have to start somewhere and you are making me want to stop posting questions in my quest to understand how to improve EVERYONES understanding, including (stupidly it seems) whether you have considered all roads I think of,

 

so please stop telling me to read more, I think sometimes your posts are discouraging, I've seen this in other threads where you've created tension. Since my DM to you, you've changed how much you seem to want to add value to my thread, choosing rather to tell to me 'read more' without so much as a debate or an answer directly as to why my question is a stupid one even...

 

If you have any links to threads that you think are valuable and answer my questions, then please link them - I would appreciate it.

 

I am always going to theory craft and ask my own questions, that's just the way I am wired.

 

I say all of the above knowing full well it's likely impacting your desire to help me further, I would hope not, but if it does then genuinely thank you very much for your help so far it really has changed my life but kindly ignore my future posts. Thanks

[dx100uk]

your questions are not stupid, but...

we have at some point a need to operate a policy of , 'well this user is in no real danger of anything serious' and they've been here long enough to know how to self help now and somewhat back off and move on. this is usually about the time that the questions also start to move in to the realms of the what if's or hitback ones. 

 

once that point is crossed, it becomes rather detrimental & not good use of our time with regard toward all users for us to keep giving that one user extensive answers that doubles or trebles the time each reply takes us, we call it nurse maiding. We hope a general user would have caught on by then, so we move to short and sweet...hoping self help will kick in and with the use of our customised enhanced google searchbox and their personal time the answers come, along with a more overall understanding of their whole picture.

 

i'm certainly not some god,  the users are, they are the people that come here and leave as the hero's by overcoming an issue with a little empowerment and pointing from us.

 

those, that as you have indicated and have shown today, that move on to help others, are a rare commodity, most get help and run...never saying thanks, never donating anything. we dont get a penny for being here and neither does the site earn anything to pay for our hosting and other costs............

 

the existence or not of enforceable paperwork is immaterial toward the continued application of all the prescribed terms/T&C's the consumer agreed to when they opened the contract or agreement with the OC and they are transferrable to the debt buyer/dca that purchased the debt.

 

yea old section 10 notice or the new gdpr stuff quite rightly provides no provisions to the consumer to revoke these transferable right as at some point the consumer agreed to be bound by them as goods or a service or credit were obviously provided.

 

the use of the £1 CCA PO does not reset anything, though ofcourse a DCA will try anything on...but it has to be accounted for in some way.

 

as i think i said in another thread just recently, i don't give a stuff if my worst NME wanted help or the most obnoxious user did, i'd still help regardless. dont and never will ever operate like that.

 

 

[Badtimes123]

I completely understand what you said dx, this won't be the first time someone has reached the 'what if's' stage in their journey, creating probing questions. I had considered this, given I'm in my own little vacuum here I didn't appreciate the fact fully until you just humbled me in black and white, thank you.

 

I don't mean to be combative, I just seek to understand and enjoy a debate/theory crafting. I try to apply common sense too, with regards to the fact there is no paperwork made me wonder what protection people have against harassment had they never entered into contract in the first place (perhaps that's rare, but I'm sure it happens) which at this point, no one can prove I did..

 

Your point regarding your time investment also is very valid and I appreciate you all, I do. I had discussed this recently while talking to my wife about CAG but again probably selfishly, didn't apply it to my situation. I genuinely wouldn't ask a question without doing my research, now that doesn't mean the answer doesn't exist nor that I haven't read it, but rather perhaps am struggling to apply it to my situation and need to bounce off of other humans to get to the answer I need. I'm happy to act, but also don't want to act and cause issues potentially (CAG Golden Rule)

 

I wanted my thread to be thorough, covering every question someone might have, hence my frustration the answers didn't arrive which I felt impacted the usefulness of my thread to future visitors (I appreciate I've further diluted the thread with my challenges), but your points above hopefully answer someones questions too and may save further 'nurse maiding' should someone have enough popcorn to make it this far into my thread

 

I can't speak for other's but it was always my intention to stick around in the longer run because I have some passion about this, having had friends and family suffer due to debt and I guess I'm also still kind of bitter about the whole system, helping others will help me, in a therapy kind of way and be my revenge on the parasites.

I was alarmed refreshing the sub-forum through April and seeing so little activity, knowing there is people out there that need help, probably more than ever due to the last couple of years we've had...

 

Perhaps in the future we can edit the thread/create a new one that summarises my journey, removing all the tripe and leaving only the key points and crossroads of my journey.

 

I will try my best to not question or probe further guidance, but moreover, bare in mind always you are volunteers providing a free service.

 

 

[theoldrouge]

Just to clear up a point from early in your thread for anyone reading it

MBNA is nothing to do with HSBC it’s owned like Halifax by Lloyd’s Banking Group

As regards your current questions seems to me you are over thinking matters

Have a read of the FCA consumer credit sourcebook in 

particular CONC 7 that will answer some of your concerns 

[dx100uk]

you were not and we don't consider any of your posts 'combative'....we simply don't operate like that when it become obvious a user is something more than your average get help and run merchant.....

 

this forum is your oyster...we need a few more helpers...

 

 

[dx100uk]

open

[Badtimes123]

Thanks dx!

 

Exactly 1 year since your last comment, however also a number of months since I've been active on CAG and helping other's. I will be active again in the future; it's been a challenging year..

 

There's been activity on all my accounts as you guys said there would be! An absolute mass of trees rammed through my letterbox with most already told not to call me. I've returned occasionally to CAG to self-help, shoring up my understanding before taking any action and have everything filed and orderly.

 

I've recently received 2 Claim Forms, both from Link/Kearns and neither provided a complete CCA.  Sending me only a credit agreement on their own letter headed paper, but two copies, one zoomed in alot (not sure why they would do that other than to increase the amount of trees damaged) they look like reconstructions to me and nothing I couldn't create myself using a computer..  I expected photocopies of actual documents!

 

Sadly, my scanner isn't working. I will scan and upload every page I received from Link in response to my CCA request, it will be later this week, but looking forward to your comments after review.

 

I have completed an AOS online for both claims.

 

#1 served 26/04, AOS completed 10/05

#2 served 28/04, AOS completed 10/05

 

I will copy over the details of each claim soon also into the template you provide and post them into the thread, labeling as #1 and #2 from here on out

 

In the meantime:  Am I correct in thinking I should now send a CPR 31.14 Request? given the paperwork hasn't been provided but it is referenced in the POC, I should request it now?

 

Thanks again in advance!

 

BT

 

Edited May 10, 2023 by Badtimes123

[dx100uk]

new thread for each court claim please.

 

dx