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Determining if DFN issued, the date, and importance further to sending for CCA's to creditors

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  • #16
    You will not receive any copy of a Default that was issued as it is not part of the CCA request,

    you will need a SAR for that, even then you may not see a copy of the default, only a reference to it in the notes somewhere.

    the letter received is telling you that they feel they have complied with your request, which they have, the quote from Carey v HSBC is now old hat, i don't know why they still use it.

    HH judge Wakesman did indeed say a recon is compliant for S78, as it is for information only, However, if it was to go to court, they Need the original agreement, along with the T&C at the time of opening the agreement.

    Send what you have received to Niddy, webmaster@all-about-debt.co.uk, send unredacted only he will see it, with a link to this thread'


    When was this account started?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #17
      Many thanks I'll follow up on your advice and will send to the webmaster, how do i send a link to this thread please?

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      • #18
        at the top of the screen is the web address bar, highlight the address by right clicking on your mouse, a dropdown index should appear, click copy, then paste in to your message to Niddy.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Hi Florida2020 you will be able to get specific help for each account if you do a separate post on this thread for each one.

          The priority is to send off credit agreement requests with £1 for each one. Any responses send with all the information visible to webmaster@all-about-debt.co.uk with a link to this thread. You have asked specifically about default dates however there are many other errors that can make debts unenforceable. From the information given I would not push for default details as this can prompt companies to try and find information.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #20
            As above, we work on the diary system here. Not only as it works (factually) but it makes your life easier AND ours (to help).

            So for the last time, please start a diary or I'll not respond to your emails, until you do as we've advised you many times that this is the process needed to get our free help & support.

            Thanks.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Many thanks, I have sent the e mail today

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              • #22
                Thanks, I've now e mailed Niddy

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                • #23
                  Originally posted by Florida2020 View Post
                  Thanks, I've now e mailed Niddy
                  He has just gone away, so it may be awhile till he replies.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #24
                    Originally posted by Florida2020 View Post
                    I've now e mailed Niddy

                    Hello

                    I've been told that Niddy is away for a week, so why don't you email your credit agreement to me di@joannaconnollysolicitors.co.uk and copy it to colin@joannaconnollysolicitors.co.uk

                    You and I have previously spoken about your situation.

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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                    • #25
                      Deal all,
                      Please accept my apologies for my delayed reply due to family illness. I have detailed the responses to 15 CCA requests in my following posts due to restrictions on characters.
                      Capital One provided what they refer to as a re-constituted copy
                      NCO provided a copy of Amex agreement
                      NCO provided what they refer to as a re-constituted copy of Sainsbury’s agreement
                      LINK. In response to 2 separate requests, further to originally saying they didn’t have a copy, they now have buy haven't said which one of the 2 this is for.
                      PRA. Further to acknowledging receipt, I have had no further contact.
                      Cabot. No response from one request, and the following in response to the other 2. We haven't been able to obtain the information you requested from the original lender.
                      Robinson way [Tesco]. We haven't been able to source the additional info'
                      Wescot x3 requests. Acknowledged receipt of my requests, but no further contact from them
                      Cabot has also sent me letters relating to three other requests for which I am not able to recognize or reconcile against my records. I am in contact with Colin at Joanne Connolly sol’s relating to the copy agreements that I have been sent and would value any advice in the interim. I feel I have given the providers sufficient time to provide copies of the CCA’s, and have continued to pay step-change payments of £375 pm.

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                      • #26
                        Hi Florida,
                        what are you thinking of as your next course of action?

                        It would appear that most of them are Unenforceable, which means that without the correct paperwork they cannot enforce in the court's, sometime they still try, as I am sure you have been told.
                        they still can and will keep asking for payment, BUT, the choice of paying or not is up to you.

                        If you decide not to pay you will need to stop your payment to Step-Change, as they don't recognise UE and will want you to continue with all payments and not just the Enforceable ones,
                        This mean's that you could put the £375 to one side as a "fighting fund" while you sort out who owns what.
                        If you go down the self managed route,you will gtt lot's of call's/ letters at the begining, try not to speak to them on the phone, +don't rush to reply to letters, post on here a rough outline of the letter and someone can suggest what you could do next.
                        the choice is always yours

                        Best wishes NW
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                        • #27
                          Great advice from NW there.

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                          • #28
                            Hi Nightwatch,
                            Please forgive my delayed reply and thanks for your advice. Now that I have approached all of my creditors I am now proceeding to go over each reply, or nonreply and posting here before I decide what to do relating to engaging or not engaging with them. I was going to start with the ones that have responded with a copy of the CCA. The issue here though is that some are 'Re-constituted' copies which I am unsure count as the provision of a valid CCA.

                            Would starting with these first a good idea, I can then move on to posting about each of the ones in an individual post for each that have not responded. Would you keep it to this thread, or start a new one for each?

                            Also upon making a decision for each on how to proceed, would it be a case of writing to each creditor, or just ignore them? As it was July I wrote to them I think I've given sufficient time to respond.

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                            • #29
                              send your CCA copies to webmaster@all-about-debt.co.uk for checking do not retract anything send as they are ,refer to this thread he will suggest enforceable or not
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                              • #30
                                hello,
                                no need to apologise, we all have things that get in the way and run off with time,

                                some are 'Re constituted' copies, These are allowed for a CCA request, as the request is for information, which they have sent you.
                                thing is it is supposed to be copied from the original, as that is what they will need to enforce through the court's.
                                That is why we ask for Niddy to check that it is enforceable or not, as sadly, some company's are a little economical with the truth and try telling you it is enforceable.

                                Now may be a good time to start your diary, list each one separately, as in one post for each debt, including the one's that haven't replied, that way we can see what's going on. you can do this on this thread, or if you wish start a " Florida2020 diary" all fresh and new.

                                Are you still paying SC? if so, that could be why some are ignoring your request.

                                so once your diary is up and running, let the cogs start turning and we can see who you need to contact and who to ignore.
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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