Managing own £24K debts after 1 year on a fee paying DMP

[Mezzle]

It wouldn’t be hard for them to say it was though, and then it complies? 

[dx100uk]

stop doing their mind games on you job for them, looking for everything to justify that you are dealing with a reputable company ...they are not 

one of the worst of the worst in trying to ....money out of people that dont ever owe anything

lets put it this way..if you did owe it, why did the OC sell the dent on for 10p=£1 and not crush you in court themselves eh?

go read a good few link threads.

dx

 

[Mezzle]

PRA have now produced a statement for the Lloyds Loan we got the UE+Terms for, and declared it enforcable.  I'll scan up at some point.

Also had a long one from PRA: Re Barclaycard - enclosing letter B/Card to them   Letter from B/C to me in response to CCA, as well as their attachments.

I'll scan it up in full some time tomorrow/the day after, however, they've provided a recon of the credit agreement, and a copy of the terms "as varied in accordance with section 82(1) of the act".

They also state the interest rate, fees, and charges set out in the agreement (with variations) may differ from what they've discussed with me due to the status of my account.

Anything I should be particularly looking out for in these?  About to go have a trawl through some B/C threads.

[dx100uk]

it'll all be irrelevant twaddle paperwork, nowhere will it show how and when you signed up to the card and 9/10 they get the address WRONG for the tine of sign up which must be in the head of all sections. they always do. no sig or online tickbox, dated with an IP address .

last time here pra tried this in court they lost, the IP address they claimed was the customers, signing up online on the claimed date for a card turned out to be an IP address used by ............LLoyds bank.

[Mezzle]

The address was right, but no dates or any kind or indication of agreement online - literally just the terms.

i presume this is compliant with the s78, but not enforceable in court?

 

[dx100uk]

if its only t&C's ...thats not an agreement nor compliant with prescribed terms. probably the 620000 crap

[Mezzle]

The letter from Barclaycard to PRA says it encloses

• Short form cancellation
• Historic Terms and Conditions
• Varied Terms and coniditions

The 2 Ts & Cs have the correct address, and the header stating it's a "Credit Card agreement regulated by..."  The "short form cancellation" is a single piece of paper with

Quote

"YOUR RIGHT TO CANCEL:
Once you have signed this agreement,
you will have a short time in which you
cancel it. We will send you exact details
of how and when you can do this"

 

Which is pretty pathetic IMHO.

In other news, I now have a FOS investigator on the case re: Lloyds CC affordability, and they've separately decided to open a case re: the loans too.

edit: Sorry I've not scanned these up yet - it's a slow scanner, and I've been dealing with my cat being hospitalised and all the crappy paperwork around that! (£3800 for an MRI!)

 

Edited November 8, 2023 by Mezzle
Fix improper bbcode

[dx100uk]

aw poor pussy. def comes first. thats expensive . 

 i can assure you every page you have is here in bc threads multiple times already.

dx

 

[Mezzle]

Oh, I bet, I think I've seen two at least in the three threads I've looked at, but one of them led to an argument in the rest of the thread and the other led to the person ignoring your advice...  

I'm sorry us people asking for help are such a pain at times!

And thankfully, pussy has insurance for the first £4k which renews on Saturday, giving us perfect timing for double the cost!

[Mezzle]

Update:

Things still going. I still haven't gotten around to scanning the PRA docs above, but they seem u/e for now.

Cat has passed away

Lloyds have sent back SAR data - which is a massive document full of random stuff.  I can find in their entries from their system where it says that an automated system sent out default notices (a month after account closure!?) - but I never received any

Letter from Wescot re: Cabot/Fluid this morning saying I've fallen behind on payment plan and need to start paying them again.  Based on advice here, I've previously sent a CCA Request to Cabot who've come back saying it's U/E (25th October).  No mention of U/E on Wescot's letter, like there should be - but I'm guessing that Wescot has no idea I've sent the CCA Request to Cabot and been deemed u/e

Question:  Wescot letter - should I do any/all of the following

• Letter them telling them I'm dealing with Cabot direct
• Letter them telling them debt is u/e and further contact is harassment
• Letter cabot with token F&F offer (I'd be happier with a line drawn under things)

[dx100uk]

as ive said 4 times now - wetcloths dont ever own debts - so you always ignore them.

as for the lloyds default notices were sent out.

cant see why thats an issue.?

so what are the defaulted dates? as once it reaches 6yrs the whole account is removed form your credit file, doesn't necessarily men a debt is not still owed thats down to enforceable agreements or not.

dx

 

[Mezzle]

Ok, Filed and ignored.

For lloyds, I've 

• Overdraft - Complaint made & Refund bought balance down to £38 - being bought back by Lloyds
• CC - With FOS re: affordability/default date + incorrect reporting to CRA.  Have been provided with enough to satisfy CCA - but not be enforceable in court (based on #49)
• Loan 1 - enforcable based on post #37
• Loan 2 - No response to CCA Request

I was speculating at one point that none of them would be enforceable if Lloyds didn't send me DNs (as I've not received them)

All default dates are Oct 22, when Lloyds sold everything off based on letters from ex DMP company, except for OD - which was changed and has been updated to July 2019

Edited December 2, 2023 by Mezzle

[dx100uk]

12 minutes ago, dx100uk said:

so what are the defaulted dates?

are they still showing on your credit file too?

the defaulted dates should almost match if they do.

as lloyds agreed the od was  inflated and refunded and the loans were to prop up their od, pers id be hitting them with IRL claims too?

dx

[Mezzle]

All default dates are Oct 22 (in both SAR and Credit file), when Lloyds sold everything off based on letters from ex DMP company, except for OD - which was changed and has been updated to July 2019.  

Lloyds have had complaints re: all accounts for either IRL/Affordability - and have declined all but the overdraft.

CC has been sent to FOS who're looking into it - and this has also raised that the limits reported on my Credit report are being reported incorrectly. If it's changed to accurately report what my limits were/when they were increased - they gave me an increase whilst I was over limit at one point.

I'm still waiting on the letter re: the Loans to come before I can push the Loan complaints to FOS

 

Edited December 2, 2023 by Mezzle

[dx100uk]

 

[Mezzle]

Help the old man understand the meaning? I’m bad at emojis, and the custom ones left my brain when I stopped working on forum software!

[honeybee13]

That emoji is 'cheerleader', you can see the name if you hover the mouse pointer over the image.

It looks like good news.

HB

[Mezzle]

Thanks HB

Just had a response from Cabot/Marbles. 

Seems like a legit recon contract to start with (I will scan this in at some point) - even has the checkboxes, correct address, etc etc. However, the IP on the box is a bogon IP of 10.150.102.120 - Meaning either it's one of their inbound proxies, and they've misconfigured and are logging incorrectly for LOTS of people - or they've faked it.

File and wait for Claim form ? or tell them where to stick it?

[dx100uk]

get it all up.

await letter of claim if they are ever that bold!!

you NEVER reply as i said before, only a PAPLOC needs a reply ever!

and of course a claimform from northants bulk...

[Mezzle]

ok, this bundle was smaller than the one I have yet to scan.  I think I need to get me a better scanner (one with an ADF!)

 

Cabot - Marbles CCA - Flat.pdf

[dx100uk]

well you've written off a good few £1k's of your £24k total....

marbles looks enforceable and they'll not let this go as its almost £7k.

was this also taken out when your file was shot with defaults and huge debts?

dx

 

[Mezzle]

It was part of that period of time, yes

Is it enforcable even though the IP listed is incorrectly an internal one?

[dx100uk]

IP listing is not part of the CCA.

so was this when you had numerous defaults and outstanding debts?

you'd better wise up, as an IRL complaint might be the only route out you have , though running up almost £7k is going to be a hard one to counter, even if they did regularly up your credit limit over the years.

pers id start gathering evidence and get an sar off to newday ASAP.

see what case you might be able to make to newday.

cabot will not give up here

dx

[Mezzle]

All the defaults for everything hit around the same time - when things got too overwhelming to pay back.

The other way out would be to pay it back, surely ? Just count it as one of the debts on the dmp.

 

 That said, 4 accounts with new day open at once?  

[dx100uk]

exactly.

let this run as with any other that have returned possibly legit paperwork until/unless you ever get a letter of claim on any of them.

time to get the sar sorted back and digested.

dx