Stop Payments or offer Full and Final Payments

[Katsikaki]

First of all, thanks to everyone who replied to my previous topic and pointed me in the right direction for my Barclaycard PRA Debt.


As a continuation and expansion of this, and my other debts, I would like to query as to what my next actions should be. I have attached an image of a brief overview of my financial situation.

• All 3 Cabot debts (RBS, MINT and NATWEST) have come back as CCAs not found and currently not enforceable.
• PRA (BARCLAYCARD) have said that they have supplied the documents I requested and to contact them, although after contacting the webmaster via email on here, it has been confirmed to be currently unenforceable.
• Wescot/Link (HALIFAX CC) have sent me a Statement of Account at the end of May but I've heard nothing since, and currently no CCA.
• Lowell (AQUA and VERY) are still awaiting documents, with their last updates being 20th June and 21st May respectively. They have also sent me what appears to be a legitimate copy of a CCA for the other VERY account, although I might get this checked.

I am unsure as to whether to CCA request my Halifax arranged overdraft, as previously these were never covered by the CCA rules. Has this position changed?


I must confess, the nerves are setting in about stopping payments through Stepchange as I've heard that PRA, in particular, can be litigious and I have reservations about upsetting the apple cart, so to speak. Most of these debts are currently managed through Stepchange and have been for over 3 years, apart from the accounts with a £0.00 monthly payment listed on the attached chart.

As I have been paying these debts up until this point, obviously being statute barred is out of the question. I'd like to strengthen my position for full and final payments, so I can start to get my life back on track and I'm unsure as to how best accomplish this? I know the general consensus is just to be silent but, to be honest, I'd rather have some of the debt settled if at all possible.

Having followed some of the posts on here, I know there are some very knowledgeable people on this forum, so I would really appreciate any advice you may have on this.

Thank you.

[cymruambyth]

Hi, I’m posting on my phone so have limited ability!

There is a format that we use for each debt, one per post; unfortunately I can’t add the link at present, but will do so tomorrow if no one else has.

Overdrafts are covered by the CCA and there is a specific template to cover this.

The debts that you think are enforceable may not be as there an be many other errors; quite a few companies have recently been shown to not be in a position to take legal action - there some threads that have been started by Joanna Connolly the solicitor who gives advice to the site.

Once you stop paying these debts you can start to clear them, you can put the money aside in case it is needed. Have they been defaulted on your credit records? If so, they should stop appearing 6 years from the default date even if being paid. All mine dropped off my credit records many years ago, but because some were nice I am just finishing dealing with them!

I dealt with all my debts on my own with help from here, it can be daunting but you will get support and guidance. Finally if the worst does happen and a claim is issued Joanna Connolly and her team are excellent and do not believe in failure.

Good luck

[nightwatch]

Hi, as you have a few accounts the best thing to do is make a diary entery for each one
in a seperate POST.

To help us, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• 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)

Providing the above information, for each account helps us. you can then post an update on each account, or quote it when you need advice,
this way means we can see what has been sent and what has been received, without having to go back to the start of the thread and possably miss something that has been said or done along the way.

mine is here as an example,

https://all-about-debt.co.uk/forum/d...-diary-of-debt


as you will see it is a rather long diary, so the above layout helps keep it in an easy to read format for each account, best wishes NW

[Katsikaki]

Thank you both for replying so quickly. Listed in the following posts are my current problematic debts.


Original Creditor: RBS
Account Type: Credit Card
Date Commenced: 24/06/2004
Balance: £2515
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DMP with Stepchange
Status: Default 20/07/2016
Account Owner: Cabot

CCA request sent: 04/05/2019
CCA request acknowledged letter received: 13/05/2019
Update received (awaiting documents): 23/05/2019
CCA Unenforceable letter received: 21/06/2019

Update 28/08/2019: 30% discount offer letter received.
Update 08/10/19: Sent Cabot a token 5% F&F offer.
Update 20/10/19: Still haven't provided me with any documents, so no more payments since August.
Update 02/11/19: Counter offer for F&F - a paltry 30% for an unenforceable debt. I don't think so.

[Katsikaki]

Original Creditor: Mint(RBS)
Account Type: Credit Card
Date Commenced: 08/02/2006
Balance: £431
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 07/09/2016
Account Owner: Cabot

CCA request sent: 04/05/2019
CCA request acknowledged letter received: 13/05/2019
Update received (still processing but currently unenforceable): 23/05/2019

Update 08/10/19: Sent Cabot a token 5% F&F offer.
Update 20/10/19: Still haven't provided me with any documents, so no more payments since August.
Update 02/11/19: Counter offer for F&F - a paltry 30% for an unenforceable debt. I don't think so.

[Katsikaki]

Original Creditor: Natwest(RBS)
Account Type: Credit Card
Date Commenced: 17/10/2007
Balance: £697
Last DM Payment: 2016
Last FULL Payment: 2016
Terms: No Payment Plan
Status: Default 21/07/2016
Account Owner: Cabot

CCA request sent: 04/05/2019
CCA request acknowledged letter received: 13/05/2019
Update received (awaiting documents): 23/05/2019
CCA Unenforceable letter received: 14/06/2019

Update 08/08/19: New owner of debt letter received (owner is still Cabot, it's never been away from them ): 08/08/2019

Update 05/09/19: Threat of increased contact letter received: 05/09/2019

Update 08/10/19: Sent Cabot a token 5% F&F offer.
Update 20/10/19: Still haven't provided me with any documents, so no more payments since August.
Update 02/11/19: Counter offer for F&F - a paltry 30% for an unenforceable debt. I don't think so.

[Katsikaki]

Original Creditor: Barclaycard
Account Type: Credit Card
Date Commenced: 18/01/2005
Balance: £2964
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 04/01/2017
Account Owner: PRA Group

CCA request sent: 04/05/2019
CCA request acknowledged letter received (awaiting documents): 09/05/2019
Update with statement received: 22/05/2019
Reconstituted CCA letter received (not enforceable according to @Niddy): 31/05/2019

Update 20/10/19: They have reiterated that they have sent "documents" to fulfill my request but Niddy deemed unenforceable so I've stopped paying.

[Katsikaki]

Original Creditor: Halifax
Account Type: Credit Card
Date Commenced: 10/02/2010
Balance: £2008
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 29/07/2016
Account Owner: Wescot/Link Financial

CCA request sent: 04/05/2019
CCA request acknowledged letter received (will be in contact): 14/05/2019

Update 20/10/19: Account is still on hold and Wescot have asked me not to make payments in the meantime. I'm happy to oblige.
Update 02/11/19: Link Financial have asked me to resend my CCA request, with another postal order. What happened to the first one, sent in May? I know I mistakenly sent it to Wescot but they acknowledged that they received it and also stated that £1 postal orders are no longer required for Link Financial accounts.

[Katsikaki]

Original Creditor: Very (Shop Direct)
Account Type: Revolving Store Credit
Date Commenced: 13/06/2015
Balance: £875
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default
Account Owner: Lowell/NCO

CCA request sent: 04/05/2019
Reconstituted CCA letter received (appears enforceable): 20/06/2019

Update 16/10/19: Niddy deemed enforceable

[Katsikaki]

Original Creditor: Aqua(New Day)
Account Type: Credit Card
Date Commenced: 06/12/2013
Balance: £2209
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 30/09/2016
Account Owner: Lowell

CCA request sent: 04/05/2019
CCA request acknowledged letter received: 13/05/2019
Update received (awaiting documents): 20/06/2019

Update 25/07/19: Received a letter from Lowell today stating, 'We recently responded to your request for information. It is now important that you get in touch to agree how you'll repay your outstanding accounts.'

Update 13/08/19: Copy of agreement received

Update 16/10/19: Niddy deemed enforceable

Update 20/10/19: Set up a payment agreement for £3 per month.

[Katsikaki]

Original Creditor: Very (Shop Direct)
Account Type: Revolving Store Credit
Date Commenced: 27/01/2017 *See below
Balance: £3441
Last DM Payment: N/A
Last FULL Payment: 2016
Terms: No Payment Plan
Status: Default
Account Owner: Lowell

CCA request sent: 04/05/2019
CCA request acknowledged letter received (awaiting documents): 21/05/2019

* This is a strange account, as it was signed over to me by phone after a break up of a relationship. Very spoke to me and transferred the details across to my name, therefore, I technically never entered in to any kind of credit agreement. It was opened some time before the date listed above, 01/2017 is the date it was transferred to my name.

Update 25/07/19: Received a letter from Lowell today stating, 'We recently responded to your request for information. It is now important that you get in touch to agree how you'll repay your outstanding accounts.'

Update 14/08/19: Received a letter stating, "We have requested a copy of the documentation but have not received it yet."

Update 20/10/19: They have sent a letter saying they will not chase this debt and have put the balance from £3441 to £0. Looks like this will be removed from my credit file this month too, according to Clearscore's updates.

[Katsikaki]

Original Creditor: Halifax
Account Type: Overdraft
Date Commenced: 16/05/2007
Balance: £2500
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 20/09/2017
Account Owner: Wescot

No CCA request sent as I didn't think overdrafts were covered under the CCA.

CCA request sent: 25/07/2019

Update 15/08/19: Letter and PO returned along with covering letter stating that this current account and supplying a copy of the credit agreement is not "not relevant to S77-78".

[Katsikaki]

Original Creditor: Vanquis
Account Type: Credit Card
Date Commenced: 05/12/2013
Balance: £1762
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: UC on Credit Report with status of DM
Account Owner: Vanquis

No CCA request sent as debt is with the original lender.

Update 20/10/19: Set up a payment arrangement for £3 per month. Very helpful and easy to deal with.

[Katsikaki]

Hi,

Would you be able to link me to the correct template for the CCA request for the overdraft in post #12? This was an authorised overdraft for an account that was opened in 2007 before defaulting in 2016 (although Halifax dragged their heels and marked the default as September 2017 on my credit file).

I'm still unsure which of the payments to stop from the above debts, any advice on that area would be a great help.

Thanks

[nightwatch]

Unable to link from my phone. If not done by someone else will do it tomorrow.