JumpyMonkey's UE Diary

[JumpyMonkey]

Lloyds TSB

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): DCA Westcot


29/04/21- CCA Request & £1 postal order sent

01/05/21 - That was quick- reply from Wescot stating they no longer administering the account - postal order and cca request returned.

04/05/21 - Cca request & £1 postal order sent to Lloyds (OC).

[JumpyMonkey]

Link Financial (Co-Op)

• Type of account: CC

• Date commenced: 2011

• Approx balance: £790

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser Link Financial


29/04/21 - CCA Request & £1 postal order sent

[JumpyMonkey]

DWF Law (Hitatchi finance for HP)

• Type of account: Hire Purchase

• Date commenced: 2016

• Approx balance: £977

• Date last paid (approximate date you last made a FULL payment): February 2019

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default (May 2019)

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser DWF Law

This is a strange one – HP was taken out for a new car. At the end of the 3 year contract the car was returned and I was hit with a big old fee for excess mileage. I was planning to contest this with the dealer as they convinced me to take a contract with a small mileage as “no one ever goes over”. I never contested due to depression and anxiety and couldn’t cope with the conflict



29/04/21 - CCA Request & £1 Postal order sent

[PlanB]

OMG I’ve FINALLY done it - £25 later on postal orders and postage and I’ve sent off all 11 CCA requests.

. . . feels good to have done it but also terrified as I’ve been left alone recently due to mentioning the effect on my mental health so I’m now petrified they’re all going to start bombarding me.

Hello

This is good news!

No need to be terrified of what they'll do next. If you've made them aware you have a mental wellness issue they shouldn't do anything which could be seen as harassment or discrimination, and definitely not bombard you with letters, emails, or mobile calls and texts.

The FCA makes this clear clear in their Handbook here > https://www.handbook.fca.org.uk/handbook/CONC/7/10.html

I think you may have now cancelled your DMP with StepChange so you may get some letters or calls from them about that but things should go quiet eventually.

Post on your thread each time you receive anything from any of them.

I'll take a look at each of the debts and add my suggestions (usually lots of questions first!) and other forum members will also comment so you will soon feel you're part of the community.

Di

[JumpyMonkey]

I think you may have now cancelled your DMP with StepChange so you may get some letters or calls from them about that but things should go quiet eventually.

Thank you Di!

Yes I let my token payment plan lapse last September so haven’t actually paid a penny since then ? I do agree they’re much better at recognising the impact on mental health and I ended up taking 6 months off work in 2019 because I just couldn’t cope with the effects of such a large amount of debt. I am definitely one to sweep things under the carpet which is how I ended up in this situation. No sweeping anymore!! ??

[PlanB]

Thank you Di!

I do agree they’re much better at recognising the impact on mental health and I ended up taking 6 months off work in 2019 because I just couldn’t cope with the effects of such a large amount of debt.

I like your new positive attitude!

Depending on the timing of things you may want to take a look at whether there were any irresponsible lending or affordability issues at the outset, such as credit limits being raised or new credit given when you were off work for six months perhaps not on full pay etc.

I'm not raising your expectations, but it might help to know exactly where you stand with these debts - however it's early days.

See what comes back in response to your eleven CCA Requests, if anything.

Good luck on your journey.

Di

[JumpyMonkey]

Interesting, but to be honest I don’t think I made anyone aware of any issues until after it had all gone very wrong so as much as I’d love there to be another string to add to my bow on this journey anytime I’ve advised anyone they’ve advised me they’ve made a note and have backed right off so I don’t think I can pick holes in that, but we’ll see.

There was one occasion regarding lending that sticks in my mind where NatWest had put my personal loan onto a ridiculous interest rate (at the time of rejigging my finances and I consolidated a few debts into that one NatWest loan). I advised them the loan rate was unmanageable and I was struggling to keep up and their response was “tough”. I remember being really upset that I’d asked for help and they’d just totally dismissed me, but I have no idea if the fact I was struggling with anxiety and depression was mentioned- it was in a webchat so when the time is right I’d quite like to view that conversation.

one question- having read other threads I’m a bit confused if I should have sent a cca request for the overdraft (sent with postal order) or if that needed something else?

Thanks
J

[JumpyMonkey]

Lloyds TSB

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): DCA Westcot


29/04/21- CCA Request & £1 postal order sent

01/05/21 - That was quick- reply from Wescot stating they no longer administering the account - postal order and cca request returned.

Ok so both debts with Westcot returned as they are no longer administering them. I guess this now means they are with the original lenders Halifax and Lloyds, so do I send the CCA request to them or hold off until the are sold on or referred to another DCA?

[JumpyMonkey]

Also, please could someone move my thread back to the unenforcability diaries thread as I keep losing this?

[PlanB]

NatWest had put my personal loan onto a ridiculous interest rate (at the time of rejigging my finances and I consolidated a few debts into that one NatWest loan). I advised them the loan rate was unmanageable and I was struggling to keep up and their response was “tough”. I remember being really upset that I’d asked for help and they’d just totally dismissed me, but I have no idea if the fact I was struggling with anxiety and depression was mentioned

Consolidation loans can sometimes cost a borrower more over a longer period of time. It's about financial affordability regardless of your mental wellness issues. Either you could afford it or you couldn't, and the lender has some responsibility for making that decision.

Take things one step at a time while doing background research.

This is a link to Debt Camel's advice on challenging 'affordability' on various types of borrowing including bank loans >

https://debtcamel.co.uk/refunds-large-high-cost-loans/

You'll also get plenty of help on the 'unenforceable' potential from this forum's members who've been through similar experiences.

Enjoy your bank holiday weekend.

Di

[JumpyMonkey]

HALIFAX

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2700

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): DCA WESTCOTT


29/04/21 - CCA Request & £1 postal order sent

01/05/21 - That was quick- reply from Wescot stating they no longer administering the account - postal order and cca request returned.

04/05/21 - CCA request & £1 postal order sent to Halifax (OC) instead of Wescot.

Spent a couple of hours yesterday getting everything in order and put into relevant files. I still have to go through all the letters I’ve ignored previously which are nicely hidden away somewhere (out of sight out of mind right?) but for now I’m up straight and organised and ready to tackle this head on!!

[Susiebling365]

I totally "get" your mental state, having been there myself and later supporting my daughter. The people who grant the loans should be more responsible, I think the mortgage lenders are a bit more inclined after all the negative equity in the 80s. But what got to me was the people who I went to, to seek advice and help, people who should be more helpful like solicitors , cab, debt counsellors . Generally their attitude just made me feel worse, as if you are dirt under their shoe.

There but for the grace of God go I.

While surfing the net, (and other forums can be nasty), someone pm me and here I am.! You do have to face your problem but in a positive and constructive way which you can find how to, on here.

You will come through

SB

[JumpyMonkey]

NatWest/PRA

• Type of account: Overdraft
• Date commenced: 2006
• Approx balance: £2000
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: PRA

29/04/21 - CCA Request and £1 postal order sent
06/05/21 - Response from PRA - "unable to fulfill your request for copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when opening the account, such accounts are not included in the Consumer Credit Act 1974. Please contact our office within 10 days..."

Replies received for all my PRA accounts, mostly bundled onto one letter and including a factsheet on requesting information about original credit agreements. Bit confused by this one though, I thought overdrafts were included in the CCA1974? Do I need to send something else?

Also, all of my postal orders from PRA have been returned, do I keep them as documentation?

Thank you everyone!

[Never-In-Doubt]

PRA are talking nonsense. An overdraft most definitely falls under CCA.

I'll tag solicitor in - see what Jo says as she's won cases like this previously.

Joanna Connolly - can you advise please.

[PlanB]

NatWest/PRA

• Type of account: Overdraft
• Date commenced: 2006
• Approx balance: £2000
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: PRA

29/04/21 - CCA Request and £1 postal order sent
06/05/21 - Response from PRA - "unable to fulfill your request for copy agreement as current accounts do not require a credit agreement, therefore no credit agreement would have been set up when openin the account, such accounts are not included in the Consumer Credit Act 1974. Please contact our office within 10 days..."

The good thing is you now have a letter from PRA which states "no credit agreement would have been set up when opening the account". This suggests that they're not even going to bother asking NatWest if one exists

They're entitled to their opinion, but it's only an opinion not necessarily a statement of fact. As Niddy has said a Judge saw things differently in a recent case explained by Jo here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Was this an unarranged overdraft or an arranged overdraft which should have been renewed in writing every year after October 2012?

Di