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  • debrag
    replied
    I don't want a CCJ so will want to stop court action at all costs. From now on I will awaiting the letters and drag it out as long as I can

    Leave a comment:


  • Roger
    replied
    Well if they try it on in Court how much will they get?
    If you have nothing and you set out your Unsecured Creditors all they can get will be a proportion of whatever surplus income you may or may not have after All your Necessary living costs and then the Unsecured Creditors treated equitably from any, if there is any, surplus monies.
    Better to save in a war chest and stop paying. Why put off the six years to Statute Bar, because each and every month you are paying is a month longer.
    A war chest means that F&F becomes a possibility if needed.
    The important thing here is taking control of your Life rather than reacting to the loud noises from your Creditors.
    I wouldn't pay any of them, treat them all the same rather than preferential treatment for some and not others.
    In the End it is your choice of course.
    First there is no shame in falling into a Debt crisis! Welcome to the club! Its a question of dealing with it, and this is where AAD can help.

    Leave a comment:


  • debrag
    replied
    So I shouldn't offer any monthly payment to Natwest, they'll eventually sell it on and not try it on in court?

    Leave a comment:


  • Roger
    replied
    The Nat West Loan and O/d are still with the Original Lender.
    You have started a process that will take six years from the last payment/default notice?
    Wait until the Original Lender sells these debts. File away what you have been sent. But in the event it will be up to the Future Owner to have to provide evidence of CCA compliance or not.

    Perhaps the best advice is to make certain now that you have banking facilities completely separate from your current debtors. You should attempt to build up a war chest.
    You have adopted a divide and conqueror approach between your debtors and a DMP is likely to prove difficult because you are favouring some more than others.
    What was the Nat West Loan for?

    Leave a comment:


  • debrag
    replied
    Originally posted by Still Waving View Post

    Have they not spelled this out in their letters?
    You have failed to comply with the requirements set out in the recent default notice.....
    Principal £1249.31
    Arranged overdraft interest £0
    Charges £0
    Total outstanding £1249.31

    I don't appear to have a default notice but I do have the same letter twice one with the FCA default information sheet attached.

    Could this all be due to the fact I tried to settle them monthly via a DMP previously.

    Leave a comment:


  • Still Waving
    replied
    Originally posted by debrag View Post

    Can I just point out that this OD is on a student account and doesn't incur fees, I've not actually gone over the limit etc. Are they just closing the account due to defaulting on the loan, therefore it will now incur fees therefore a default.
    Have they not spelled this out in their letters?

    Leave a comment:


  • debrag
    replied
    Originally posted by debrag View Post
    Debt 2 Natwest OD

    Opened: January 2016
    Current balance: 1248
    Last payment: £1.00 | July 2018
    Correspondence: July 2018 - in partnership with Westcot
    Status: Up to date on credit report

    2018
    March - Collections letter, i+e attached, ignored
    April - closing of accounts letter, payment proposal form attached, ignored
    June - Closing of OD facility letter
    June - Notice of arrears in compliance with CCA 1974
    June - You have fail to comply letter received
    July - changes to ongoing management of repayment plan, partnered with Wescot, in touch within 14 days to management provider (no longer with them)
    Can I just point out that this OD is on a student account and doesn't incur fees, I've not actually gone over the limit etc. Are they just closing the account due to defaulting on the loan, therefore it will now incur fees therefore a default.

    Leave a comment:


  • Roger
    replied
    Originally posted by debrag View Post

    Interesting to find out what the flaw was ')
    But then each Case is different.

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  • debrag
    replied
    Originally posted by Shotley View Post

    He looked at mine and agreed mine too was enforceable. Then I pointed something out to him and he looked again. It actually might not be....
    Interesting to find out what the flaw was ')

    Leave a comment:


  • Shotley
    replied
    Originally posted by debrag View Post

    Niddy looked at my agreement and said it was enforceable. Will be trying to go down the no default notice route but as I've moved home won't that go against me? Default was May 2012
    He looked at mine and agreed mine too was enforceable. Then I pointed something out to him and he looked again. It actually might not be....

    Leave a comment:


  • debrag
    replied
    Originally posted by Shotley View Post
    With reference to your QQ debt, It may in fact not be enforceable. You've probably got the same documentation as me.

    I have two accounts through CashEuroNet UK LLC with two different DCA's. Lantern/MMF contend the agreement is enforceable but PRA Group say that the agreement isn't. They are identical.

    I have gone over it with a fine tooth comb and believe I have found the fatal flaw. I've discussed it with Niddy, (albeit briefly), who says I should keep it under my hat. I will discuss it hopefully later with Di, (I've emailed it to her as well), and if it's a good case I'll share it with you. But hang fire just yet...

    Like you I have had no default notice or notice of assignment. Both required.
    Niddy looked at my agreement and said it was enforceable. Will be trying to go down the no default notice route but as I've moved home won't that go against me? Default was May 2012

    Leave a comment:


  • debrag
    replied
    Originally posted by debrag View Post
    Debt 14 Lending Stream

    Opened: February 2012
    Current balance: 86
    Last payment: ?
    Last full payment: 2012
    Arrangement: Nothing
    Status: Default on credit report (November 2012)
    Owner: Credit Resource Solution, account been sent back to LS

    2013
    In dispute, LS claim balance is still 134

    2016
    Deleted emails
    Confused this debt with one above
    CRS sent back to LS

    2018
    Possibly SB March 2019
    SAR request sent
    Complaint email received yesterday in regards to my SAR request

    Leave a comment:


  • Shotley
    replied
    With reference to your QQ debt, It may in fact not be enforceable. You've probably got the same documentation as me.

    I have two accounts through CashEuroNet UK LLC with two different DCA's. Lantern/MMF contend the agreement is enforceable but PRA Group say that the agreement isn't. They are identical.

    I have gone over it with a fine tooth comb and believe I have found the fatal flaw. I've discussed it with Niddy, (albeit briefly), who says I should keep it under my hat. I will discuss it hopefully later with Di, (I've emailed it to her as well), and if it's a good case I'll share it with you. But hang fire just yet...

    Like you I have had no default notice or notice of assignment. Both required.

    Leave a comment:


  • debrag
    replied
    Just thought I'd mention that my SAR documentation from Lantern didn't contain a notification of default or notification of assignment. I do have a notification of assignment & notice of sale via email though. How do I know if those are correct? Will the notice of default came from the QQ SAR request or does it mean I've never had one?

    Leave a comment:


  • debrag
    replied
    Originally posted by debrag View Post
    Debt 4 JD WIlliams

    Opened: June 2013
    Current balance: 1740
    Last payment: £1.00 | July 2018
    Last full payment: December 2018
    Arrangement: Reduced payment
    Status: Late payment on credit report
    Owner: JD Williams

    2018
    March - Payment arrangement confirmation for Payplan's DMP, not longer using them.
    July - AP on credit report, state date April

    Leave a comment:

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