Originally posted by debrag
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Originally posted by debrag View PostDebt 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)
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Well I don't have any letters from qq only email, same for Lending Stream. I have those for Natwest though.
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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
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Originally posted by Warwick65 View Post
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
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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.
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Originally posted by debrag View PostWell I don't appear to have the default notice but will check again. Regulatory letters - yearly statements etc?
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
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Well I don't appear to have the default notice but will check again. Regulatory letters - yearly statements etc?
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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
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Originally posted by Roger View Post
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..
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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?
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Originally posted by Still Waving View Post
OK, thank you - the history didn't make that clear.
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..
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Originally posted by debrag View Post
Niddy and as I stupidly making small payments it isn't SB or anywhere near it
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Originally posted by Still Waving View PostOriginally posted by debrag View Post
Debt 12 QQ
Opened: January 2012
Current balance: 481
Last installment payment: £110.00 | February 2012
Last payment to QQ: February 2016
Arrangement: Reduced payment
Status: No longer on credit report
Owner: Lantern
Out of interest - who has said that this agreement is enforceable?
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Originally posted by debrag View Post
Debt 12 QQ
Opened: January 2012
Current balance: 481
Last installment payment: £110.00 | February 2012
Last payment to QQ: February 2016
Arrangement: Reduced payment
Status: No longer on credit report
Owner: Lantern
Originally posted by debrag View Post
As this debt is enforceable should I continue to make the £2 monthly payment or should tell them that the account is in dispute following an IRL claim on going?
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