AllTheHelp's UE Diary...

[RhodriMawr]

Hi, please have a look at my diary. A few similar debts / creditors, its been pretty quite so far...long may it continue.

[AllTheHelp]

Hi all,

I had the most confusing post this morning from one of my DCA's! Two different items of mail but its seems everything was split between the two envelopes. From what I can ascertain they have acknowledged that one account is unenforceable but state that a second is. They haven't said anything about the CCA request for the third account but have sent a list of all transactions and what I believe to be the original application form for that also (M&S credit card).

Any advice on how to proceed? I am going to send/upload the two CCA's they have sent me (even though they say they have only sent one!) to ascertain if they are UE.

Many thanks

[AllTheHelp]

Hi, please have a look at my diary. A few similar debts / creditors, its been pretty quite so far...long may it continue.

Thank you; I have been reading through your diary just now. Your situation seems very similar to mine... Interesting that Cabot have totally ignored your request - as they have mine to date too. Now I just need to pluck up the courage to cancel a few standing orders! I'm considering doing it one or two at a time as I think I'm a bit of a coward!

[The Tech Clerk]

send a complaint to the ICO about personal details of the other person , received by you, they have broken rule, serves them right. incl copy of the said letters/details

[AllTheHelp]

As I think I previously mentioned I am in the process of taking back control of my DMP and I have been setting up SO's for payment for accounts as yet UE. Just called one DCA for their payment details so that I could get the payment set up if the account proved to be enforceable and they were hesitant to give me account details for payment as she stated that the account in on "indefinite hold". I said that's no problem; I'll wait to hear from you then.... (or not hopefully!). Am I reasonable to feel positive about this? And what are the chances of them coming back to me further down the line?

[AllTheHelp]

send a complaint to the ICO about personal details of the other person , received by you, they have broken rule, serves them right. incl copy of the said letters/details

Is this mistake something that could be used by me to my advantage at any stage? It does concern me that I am missing correspondence I would have expected to receive within this letter as I am not thinking that my letter and details has been sent to this other person.

[The Tech Clerk]

keep copies anyway, but contact the ICO regarding receiving other persons confidential info, and as indicated by you the info you require not received and that the other person may have your info, go to ICO site and talk to them, some judges will state well these things happen as in my case and beleive that the confidential info may not of been seen by receipiant, believe you me that is a fact comment by bias judges

[Joanna Connolly Solicitors]

I have been setting up SO's for payment for accounts as yet UE. Just called one DCA for their payment details so that I could get the payment set up if the account proved to be enforceable and they were hesitant to give me account details for payment as she stated that the account in on "indefinite hold". I said that's no problem; I'll wait to hear from you then.... (or not hopefully!). Am I reasonable to feel positive about this? And what are the chances of them coming back to me further down the line?

I wouldn't phone anyone from now on. You need everything in writing.

Don't rush to sort all this. You're in it for the long hall so it's baby steps at the beginning stage

You're in good company on this forum. We've all been there (me included).

Di

[AllTheHelp]

I wouldn't phone anyone from now on. You need everything in writing.

Don't rush to sort all this. You're in it for the long hall so it's baby steps at the beginning stage

You're in good company on this forum. We've all been there (me included).

Di

Yes, rather suspect that is good advice. In any event, I have all the details I need for making any payments I choose to to any of the DCA's I owe so there is no need to call them in the future. I am not sure that I am confident to stop paying all of them in one go so have stopped payments to the accounts I know are on hold and those that have been stated as currently UE. I shall be sending a revised I&E to those I am still paying in the fairly near future as it is a struggle to maintain my current level of payments. I can easily justify lower payments and intend to do so within the next month or so. At that stage any surplus will be saved for low F&F's where and when I can. At least that is my plan at the current time... I think baby steps on the stopping payments may be the best thing for me too as I suspect anxiety could get the better of me if I leap straight in and stop all payments...

[Joanna Connolly Solicitors]

That all makes sense.

No need to go 'cold turkey' until you're ready

When I was at your stage (in 2010) I had no option but to stop paying because I simply didn't have any spare cash flow so I decided that eating was more important than paying creditors.

Di

[AllTheHelp]

Halifax

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £7500
Date last paid in full approx May 2009
Arrangement approx £40 per month - last Payment June 2017
Status - Defaulted
Owner Idem Capital

June 2017 - Sent CCA request
June 2017 - Responded to say they would endeavour to respond within the 12 day period.
July 2017 - Responded to say currently unable to supply a copy of the CA and acknowledge that until they do the account is unenforceable. State I'm free to take whatever action I deem appropriate but they will not release me from my obligations under the agreement.

July 2017 - Responded again with exactly the same letter as yesterday but with a statement enclosed.

[AllTheHelp]

OK, I received a response this morning from one of my DCA's responding to a letter I sent them advising that the CCA response they sent me did not meet requirements (no terms - as advised by Niddy) and that as far as they are concerned the agreement is enforceable and they will not respond further regarding this. Any further communication I send them will be filed and not responded to. Is it most likely they realise I am right (or Niddy is!) but that they are pretending otherwise or do they really believe they met the requirements and would therefore try and obtain a CCJ if I stop payments? Thoughts/experiences? Many thanks

[The Tech Clerk]

depend who you are talking about i.e. DCA or debt purchaser, too many cases of different DCAs etc in one thread causes confusion as to which one is being referred to? sounds like a standard template response from certain DCAs etc

[AllTheHelp]

depend who you are talking about i.e. DCA or debt purchaser, too many cases of different DCAs etc in one thread causes confusion as to which one is being referred to? sounds like a standard template response from certain DCAs etc

Sorry, I should have been more specific.... It was a debt purchaser. I'm thinking they probably know its UE but don't want to admit it - but then they did for another debt with them... Bit confused as to what to do now as really want to avoid a CCJ

[The Tech Clerk]

they will not admit it, if they did their chance that you cave in before proceedings would be gone, it is all a game of who breaks 1st (the dirty so called legal trade) if it is unenforceable that would be any defence + other points, they hope to holiday at your expence from their private holiday island no doubt, all people want to avoid a CCJ but if necessary you have to follow thru and defeat them before or at court? Niddy says uneforceable then that is a good start!