I will send them a new CCA request as you suggest though.

Just checked my Credit Karma file, they did a hard search on me a few weeks ago. Bit naughty of them.

Think I told them when I moved to rented in 2013. Not sure now, was years ago and I'm several computers on from then, lol. Anyway, they have it now as they have written to me.

They have my current address (rented fore last 7 years) so no back door CCJ. I dont want to even go there as they assert that the debt outstanding is still £4,000 which I don't want to find.

Their letter says this will be their final attempt to contact me and in the event of no response, will take the matter further. I appreciate your point of ignoring them which is very tempting, but with a £4k debt, they might go straight for my financial jugular don't you think? What about just restarting my £15pm payments?

I have been paying Judge and Priestley £15pm for about 8 years or so. I can't remember what for amd never having had one piece of correspondance from them during that time stopped paying about 3 months ago. I do rememember going through the CCA request procedure as advised by this site with them before I started repayments and therefore think the debt is enforceable.

The letter tells me that they have suspended my account some time ago due to Covid (news to me..) but as times are easing they would like a full income and expenditure disclosure. I'd rather not do that, especially as I am in receipt of my state pension now i'm  68. It appears the debt has been sold on at some point to the PRA Group which I was unaware of hence no reference I guess to the original debts origin.

Do I have to complete J&P's detailed forms?

I think at this stage my best route is to ask what the debt is for, and why have I not received any correspondance or statements from then for many years? I would also like to see any correspondance they do hold between them and me.

What advice would you give folks?

Thanks

Just a slight delay on coming back to this thread - have been slightly distracted having a heart bypass op, followed by being diagnosed with T2 diabetes as a result of the op apparently.

Anyway, all good now!

Recently got back on to this issue and received a response from Arrow on behalf of Westcot.

They tell me that as the account was originated from an overdraft, it was not covered by under the CCA 1974.

They did confirm that the account was in default and that the total amount owed is £752.

they also tell me that the amounts that will become payable will include interest and costs, depending on which enforcement action is taken.

I still therefore still have not got written proof that my debt is enforceable from them, other than a a vague line saying my account is in default.

Any suggestions as to how I progress this most effectively.

Been paying this for 10 years now!

PS, thanks to DX100uk for allowing me to resurrect the thread.

Yes, think it was something to do with Abbey National (as was)around 2010.

From memory, and it was about 10 years ago, on balance of probability from the advice on here and the info we got back, I concluded that it wasn't worth the risk of getting a CCJ and chose instead to pay them a fixed amount each month, which my wife has, without fail.

I see from records that Debt Managers were involved as well.

I remember how charming they were to deal with..not.

We had a lot going on back then and this was just another small battle that we didn't need to fight as we had more fundamental issues to address for the sake of a few quid per month!

I have done  a little digging in my emails here going back to 2010.

It looks like Moorcroft were  the original DCA, then passed to Direct Legal Collections.

I think it was then sold on again before ending up with Capquest.

I'll send them a new CCA request and see what happens.

To refresh my memory, I take it they have to show me a copy of the original signed agreement or they can't chase.

Is there more complexity to that - I'm guessing there is!

We had a couple of issues back nearly 10 years ago, so not sure there would have been a seperate thread posted, but took the general advice on whether an agreement was enforceable and after all the info was in from the Abbey Nat, decided it was, so have been paying the agreed amount ever since.

Given your advice, might be an idea to confirm our address by recorded post, tell them its rented, and confirm the £5 is the most we can afford and would they consider a reduction to £4?

Just don't want our excellent credit score ruined, worked hard to recover it over the last 8 or 9 years - all the defaults etc have disappeared.

Do they tend to issue a county court claim for under £800?

Hoped we had seen the last of all this shenanigans!

They have our current address.

I'm fairly sure it was an Abbey National personal loan.

Originally chased by Debt Managers and then passed along the food chain to Capquest.

The letter says the account may be returned to Arrow Global (who own them) who will consider passing the account to a specialist partner to recover the balance outstanding.

Given that my wife has never missed a payment, that's a bit off.

My wife has been paying off a credit card debt since 2012 at the rate of £5pm.

She has never missed a payment and currently owes £798.

We don't dispute the debt as we jumped through the hoops back in 2011 and it looked, after advice on here that it was enforceable.

All of a sudden, Capquest are now sending snotty letters demanding that she get in touch as the 'balance remains unpaid.

She doesn't want to call them and would rather just keep paying the £5pm.

Any up to date advice to get them to stop their chasing.

We really don't want to have to get into dialogue and start the inevitable how much can you afford to pay interrogation!

As it's under £800 are they likely to get CCJ ish.

We live in rented accommodation now having had to sell our house 6 1/2 years ago.

I'm minded to send them a letter saying thanks for their interest but that's all we can afford.

Hmm, I just don't want to enter into a world of pain by contacting them though unless its absolutely necessary.

I can be found if they wan't, I'm not hiding from anyone.

My wife has had a small legacy and for the first time in years she has a small buffer in her bank.

They will ask to see statements etc. no doubt, but she really doesn't wan't to give that rainy day security away when we have been just about ok paying the £50 per month and by contacting them,

the first thing they will be wanting to try and do is up the payments which we can't really afford, especially coming up for retirement in a couple of years....

You must never move without updating your creditors

Why? They are getting the £50 per month without fail, had redirected my mail for 2 years without any contact from them...

I think so, everything else is sorted from that period (famous last words) but Rob Way are the company that was involved in the Tomlin Order..

Anything else is now SB due to the time since I fell on hard times.

I agreed to a Tomlin order back in 2012 with an agreed payment of £50 per month.

My solicitor recommended we agree, having nuked a couple of other credit card debts for me.

One of the terms was a voluntary charging order which never happened, I sold the house in 2015, never even considering the Tomlin Order.

I have been paying the £50 pm since inception(2012) and not heard a peep from anyone until this week when RobWay, the DCA have been texting me to call them.

Is there anything they can do, given I am in rented housing, to vary the Tomlin order?

It does say subject to 6 monthly reviews which have never happened.

I haven't replied to them and clearly writing to me at my old address won't get a response.

I'm living a hassle free life now, rebuilt my credit rating etc but don't want to get a CCJ as I would lose my job!

My wife and I have 3 old credit card alleged debts to RBS cards.

We have been paying them off at £3.00pm since 2009/2010.

I went through all the enforceable/not enforceable routine back then and consensus was that they were enforceable.

We have had 3 letters from RBS dated 14th June saying they have 'partnered with Westcot who will manage my account."

What are the implications of this development?

I'm happy paying the amounts as before,

but don't really want this dozing scenario to wake up.

Six years on and our credit file is about to look pristine again.

What's the best approach these days when they start to write asking for in/ex forms and all the other associated nonsense?

Back in the day I had communications with them over other alleged debts

and they went away after various requests for proof/enforceability.

Any current advice as I'm not up to date having enjoyed a relatively quiet life from their ilk for 6 years?

Thanks

Nomore.

I will be writing to the head man at Boots. Coincidentally he is also a vice president of the Institue of Custer Service, which made me chuckle.

My wife felt her glasses that she uses for driving were not as sharp as they used to be and called Boots to make an appointment.

Off she trotted for an eye test. They told her that she needed new glasses for reading, but she told them she was happy with her reading and just wanted her distance vision correcting. They then tried to sell her varifocals, but once again, my wife reiterated she just wanted her distance vison correcting for driving. When she told the optician that her eye consultant told her not to have them due to a slight issue with a cataract, she was answered with a "pfffft', and a shrug of shoulders, the inference being that that was a ridiculous thing to say.

Anyway, she chose some frames and I was present when paying for them when the manager said;"You'll really notice the difference with these specs..."

When she collected her new glasses, once in the car she did a side by side test with her old glasses to find that they were no better, and possibly worse. She stuck with them for a couple of days, but repeatedly found no improvement.

I then took them back to the shop for a refund only to be refused and told" nobody forced your wife to buy them".

I left them on the counter and after several failed attempts managed to get hold of the regional manager who repeated the, "nobody forced...", mantra. I was having a measured conversation with her when she said, "We are going round in circles here" and put the phone down on me!

My point at this stage was that my wife had been mis sold the specs as apart from her reading requirement, her long distance vision prescription had changed by the smallest amount measurable. After a small amount of googling, it became clear that many opticians would not prescribe new glasses for such a small change as the difference would be unnoticed by the wearer.

At no point was my wife asked if she wanted new glasses when there would be no no percetible difference. She already had 2 pairs of glasses which the opticians were aware of, having checked their strength on a machine in the shop.

It became apparent at this point as well that the store wasn't even a proper Boots Opticians but merely a franchise.

I escalated this to Big Boots in Nottingham and went through customer service levels until I got to the team leader of the Opticians team. She was rude, patronising and completely obstructive. She was talking to my wife as she refused to listen what I had to say, dismissing my points with "You weren't in the room."

She constantly tried to trip my wife up on her statements to try and discredit her point. In the end she said,"Nobody told your wife her prescription hadn't changed, she bought the glasses anyway". She seemed to think that was her winning point and would not take on board that proved the specs had been mis sold as it was clear to the optician, if not my wife, that that was the case, and clearly didn't need them from a practical point of view. I spoke to this harridan again (Customer Services shouting? Epic fail!) who just point blank refused to do anything about the £150 wasted and refused to tell me the name of her superior. She also told me that as we had used a franchise it was them I should deal with and not Boots.

Utterly gobsmacked with their attitude. Am I being unreasonable in wanting a refund? Can't believe Boots are behaving this way, totally bizarre.

My first port of call was the bank.

Even though I called up on the lunchtime of the day the transfer took place as the payment had been

(joyously, no doubt) accepted by the recipients bank there was nothing they could do.

I'm torn between telling the solicitors and them creating a bit of a fuss or lying low and biting the bullet.

At the moment I'm biting the bullet,.

Well I did think of that, but I'd rather not pop my head over the parapet and get involved in another round of income expenditure fencing...

There's no doubt I do owe the money, I'd just rather not pay it quite that fast!

I paid a regular monthly payment to a debt collection agencies solicitor but instead of £15 by direct transfer from my bank my fat fingers keyed in £156.

I'm torn between contacting them and asking for the money back and risking a new financial assessment or keeping quiet and taking the hit.

The payment (and overdue review date) is the subject of a Tomlin order, so no real wriggle room.

What is peoples opinion apart from I have been rather careless?

I have had some dealings with them - they are a bit snaeky, so watch out.

From all the advice on here in the past and from a no win no fee solicitor

(who won for me on a couple of cases) it looks a perfectly valid agreement.

I can just about afford the repayment but no more.

I have a RBS card that after the usual cca request etc several years ago decided was enforceable

and have been paying them £6.00 per month without fail.

A few months ago they wrote to me asking for a full income and expenditure form which I ignored.

I then started getting letter from Triton telling me I had failed to give them satisfactory payment proposals.

Of course, I ignored them as there was nothing on the letter to say they were working for the RBS.

I have today received a letter from Green and co, another RBS subsidiary threatening me with court action

unless I pay the £3400 to Triton witthin 7 days.

The letter was dated 16th October, so even if I wanted to, there was no way I could have paid.

Any suggestions?

Do I have to provide the with a financial statement?

Oh well, at least I can sell my house!