Getting myself out of debt

[debrag]

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?

[debrag]

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

[debrag]

Debt 3 Very

Opened: December 2016
Current balance: 767
Last payment: £1.00 | July 2018
Last full payment: November 2017
Arrangement: Reduced payment
Status: Late payment on credit report
Owner: NCO

2017
December - NCO letter, 'we are acting on behalf of Shop Direct'

2018
January - Very statement
March - NCO letter, Notice of Sums of Arrears under CCA 1974
March - NCO letter, Total outstanding letter
March - NCO letter, Confirmation of the following payment arrangement (£1)
May - NCO letter - Concerns regarding overdue account
June - Very statement

July - AP on credit report, start date July, current status '6 months late'

[debrag]

Debt 1 Natwest Loan

Opened: August 2016
Current balance: 4889
Last payment: £1.00 | July 2018
Last full payment: December 2018
Arrangement: Reduced payment
Correspondence: July 2018 - in partnership with Westcot
Status: DM on credit report

2018
March - Collections letter, i+e attached, ignored
April - closing of accounts letter, payment proposal form attached, ignored
May - Formal notice of intention to file a default
June - Notice of arrears in compliance with CCA 1974
June - Notice of refund of interest (£468
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)

July - AP on credit report start date May

[debrag]

So Harlands/Trugym (not even sure if it's on my credit file now) have acknowledged my SAR request, now the wait starts.

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Can I just say, I am loving this forum. So much better than others I've been on

[debrag]

Well I don't have any letters from qq only email, same for Lending Stream. I have those for Natwest though.

[Warwick65]

It would depend how they were worded and if the included FCA factsheets. It is a technical area that I don't feel qualified to comment on without seeing the documents. There are various bits of legislation that cover this

[debrag]

Regulatory notices - yes exactly that ans things such as notice of sums in arrears

many PDL's had a habit of communicating by email so if you changed your email address it might have not been received. In any event DN's should be delivered by post

As I said, i am not sure about the need for a DN in cases where the loan term is short or expired

Well I did move address so that may be why I don't have a DN. Does the 'notice of payment overdue' count as notice of sums in arrears?

[debrag]

In 2012 I got an email from QQ 'refer your account to a Third Debt Collection Agency who will be in touch with you in due course.' Then in 2015 (October) I got an email 'Please be advised that this account is no longer with us and has been referred back to our client.' and started getting the 'Notice of Payment 60 Days Overdue' email August 2015 to March 2016 . January 2016 QQ claim ARC hold my account but why am I getting 'notice of payment' emails from QQ in 2015?
Jan 2018 sold to MMF/Lantern.

[Warwick65]

Well I don't appear to have the default notice but will check again. Regulatory letters - yearly statements etc?

Regulatory notices - yes exactly that ans things such as notice of sums in arrears

many PDL's had a habit of communicating by email so if you changed your email address it might have not been received. In any event DN's should be delivered by post

As I said, i am not sure about the need for a DN in cases where the loan term is short or expired

[debrag]

Well I don't appear to have the default notice but will check again. Regulatory letters - yearly statements etc?

[Warwick65]

There are lots of questions here that need addressing

As we have said, there are many reasons why a debt purchaser might find a debt unenforceable - some of them can be remedied , some can not.

Just a few reasons
Non compliance with a S77-79 request
Non compliance with S87./88 - the default notice and the serving of that default notice
Non compliance with sending regulatory letters
A bad assignment


I am sure I have already said, with one case that was taken to court, the original CCA request was enforceable although a later one (after the sale) was illegible however we won on no defaukt notice.
Others of mine have gone statute barred even though S77-79 requests were fully complied with.

I do not want to tell you to pay or not to pay- that is your decision but here are some pros and cons

Pros
They might go SB
If you do not pay , the chance of getting a low full and final in a year or two might improve

Cons
They might issue court proceedings - but they might even if you are paying . If they do, there are still plenty of opportunities to set up payment plans before it gets to court


It certainly used to be the case you had to wait a month between CCA request
The thing about PDL's is that they are all done online and are very easy to recon

Roger here is the link for Lantern https://register.fca.org.uk/ShPo_Fir...000001SFPUjAAP

https://beta.companieshouse.gov.uk/company/06637307

[debrag]

Irrespective of whether it was or not EN when last looked at. It was opened more than 6 years ago.
The point I am making is by sending a CCA S 77/78 plus £1 now to MMF and then stopping payments (don't mention the IRL Claim.at this time)
Either they find the CCA or they don't and until they do it is UE.
There are also other reasons for UE . But start with CCA S.77/78 (there is no limit in Law to asking for this more than once and especially now with a new Current Creditor).
Also can you be more specific about MMF? Please can you give their full name and address. I can't find them on the FCA register..
.

MMF is now Lantern - 83 Bradford Road, Stanningley, Pudsey, West Yorkshire, LS28 6AT

I have the CCA (from MMF/Lantern) which Niddy says is enforceable. I've heard MMF have gotten their act together since becoming Lantern. Surely I can't just stop payment on an enforceable debt

How else could it be UE?

[Roger]

OK, thank you - the history didn't make that clear.

Irrespective of whether it was or not EN when last looked at. It was opened more than 6 years ago.
The point I am making is by sending a CCA S 77/78 plus £1 now to MMF and then stopping payments (don't mention the IRL Claim.at this time)
Either they find the CCA or they don't and until they do it is UE.
There are also other reasons for UE . But start with CCA S.77/78 (there is no limit in Law to asking for this more than once and especially now with a new Current Creditor).
Also can you be more specific about MMF? Please can you give their full name and address. I can't find them on the FCA register..
.

[Still Waving]

Niddy and as I stupidly making small payments it isn't SB or anywhere near it

OK, thank you - the history didn't make that clear.