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

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  • Warwick65
    replied
    Do you have records of any default notices issued? Remember these need to be formal, technically correct S87 default notices. While I understand it is comforting to know if these have been sent may I suggest 1 step at a time. Let's see what the debt purchasers do in response to your CCA requests. It would help if you could start a diary as Roger suggested.

    A SAR to the debt management company, as Roger also suggested may be a good idea to make sure the payments have been going to the creditors

    There are many reasons why a debt is unenforceable , sometimes they can not produce a copy of the agreement, sometimes , for older debts, the agreement may be incomplete and then we have things such as DN's. There are also other reasons why they can not enforce but they tend to get technical.

    As I said, wait for responses (or hopefully not) from your CCA requests.

    Meanwhile it would be good for you if you made sure all your paperwork was kept well organised and up to date . I used to file all letters sent and received in date order, I used to scan them as well and keep a copy in a folder on google drive (In electronic format I used to number the file , brief description and date e.g 1- CCA request march 2010, 2- CCA response April 2010 etc etc )

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  • Roger
    replied
    Originally posted by Florida2020 View Post
    I've recently sent off for copies of 14 CCA's with 8 creditors. All [bar one] have been sold on to DCA's. Can anyone please advise how i can find out if and when DFN's have been issued, and when. Also the importance of determining this if I stop paying. Currently, payments are being handled by a debt management org' for almost £400 a month, for nearly 15 years. Hope someone may be able to advise
    Well in the first instance send a SAR to debt management org. See what if any correspondence has taken place between them and the Creditors/DCA's.
    I would delay, for the moment on sending SAR's to Original Creditors until you have had a response/or otherwise to your CCA's.
    After 12 days without response these (I assume that template letters were used plus £1 for each debt) will be UE. In which CASE stop paying!

    £400 per month = £4,800 per year over 15 years = £72,000
    15 years tells me the original debts were latest 2005/6? It also suggests that these nolonger appear on any Credit Reference Reports (6 years).
    Sadly your Statute Bar hasn't yet started. This means these won't be Statute Barred until 2026 (2025 if in Scotland).

    The AAD proven track route is through a Diary entry for each Debt. I appreciate that there will be gaps in what you can provide, but each Debt is a different Case and no two Cases are the same.

    The Diary format is as follows

    Use this format for each one >
    • Type of account (credit card/loan/overdraft)
    • Date commenced
    • Approx balance
    • Date last paid (approximate date you last made a FULL payment)
    • Are you on arrangement or not paying
    • Status (default/in arrears/up-to-date)
    • Account owner (who is writing to you, a DCA or the lender or a debt purchaser)


    When or if you receive CCA's send unredacted copy to:- webmaster@all-about-debt.co.uk for checking refer to this thread

    Welcome to AAD

    Leave a comment:


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

    I've recently sent off for copies of 14 CCA's with 8 creditors. All [bar one] have been sold on to DCA's. Can anyone please advise how i can find out if and when DFN's have been issued, and when. Also the importance of determining this if I stop paying. Currently, payments are being handled by a debt management org' for almost £400 a month, for nearly 15 years. Hope someone may be able to advise
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