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  • scottygees
    replied
    Originally posted by The Tech Clerk View Post
    joint mortgage? but one person loan?
    correct. unsecured loan in my name only

    Leave a comment:


  • scottygees
    replied
    Originally posted by Diana Mayhew View Post

    In which case immediately send a s.77-79 CCA Request to Hoist with a copy to Robinson Way.

    Hoist are litigious - this particular Giant likes to issue claims.

    Have you had any letters from Howard Cohen solicitors or any letters from Robinson Way informing you that Howard Cohen will be instructed to take over matters if you don't make an acceptable arrangement to pay?

    A CCA Request will hopefully stop things before they start to escalate.

    Di
    yes the loan is unsecured and in my sole name.

    I haven't received anything from Howard Cohen solicitors or Robinson Way in regards to Howard Cohen. There wasn't ever a problem whilst i was on my DMP and my payment proposals were accepted by Robinson Way hence my train of thought of setting my DMP back up to include this loan rather than send the CCA may be the better option.

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  • Joanna Connolly Solicitors
    replied
    Originally posted by scottygees View Post
    Basically the debt in question is for a £12000 balance on a Tesco Loan which is now owned by Hoist and Robinson Way are collecting.

    . . . . . have held them off so far by making excuses about there being problems with my DMP or by telling I would be setting the DMP back up with Stepchange which has bought me a little more time.
    In which case immediately send a s.77-79 CCA Request to Hoist with a copy to Robinson Way.

    Hoist are litigious - this particular Giant likes to issue claims.

    Have you had any letters from Howard Cohen solicitors or any letters from Robinson Way informing you that Howard Cohen will be instructed to take over matters if you don't make an acceptable arrangement to pay?

    A CCA Request will hopefully stop things before they start to escalate.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by The Tech Clerk View Post
    joint mortgage? but one person loan?
    Because it's an unsecured loan perhaps?

    Di

    Leave a comment:


  • The Tech Clerk
    replied
    joint mortgage? but one person loan?

    Leave a comment:


  • scottygees
    replied
    Originally posted by Diana Mayhew View Post

    It's always about timing.

    If the Giant is asleep then let them sleep.

    The minute the Giant wakes up and starts to make noises then that could be the right time to send a s.77-79 CCA Request.

    Which of your debts are you talking about?

    Di
    Di

    Basically the debt in question is for a £12000 balance on a Tesco Loan which is now owned by Hoist and Robinson Way are collecting. This was included on my stepchange DMP, in the same way every other debt was until i stopped paying into my DMP in February.

    I have read on one of these forums that a creditor cant seek to make you bankrupt on debts under £5k so with this debt being £12k I didn't want to prompt them to take any unnecessary action putting my prpoerty at risk.( i have a joint mortgage with my wife with a balance of £76k, property value around £120k)

    have held them off so far by making excuses about there being problems with my DMP or by telling I would be setting the DMP back up with Stepchange which has bought me a little more time.

    There were a few other debts on my DMP for things like utility arrears owed from previous suppliers, so as i would need to arrange a payment plan in connection with these i may as well actually go back to stepchange for them to set my DMP back up but only to include the debts i haven't sent a CCA request for, including the £12k loan.

    If it transpires any of the agreements i have sent a CCA request for are actually enforceable there is a likelihood these will also be added to the DMP.

    Hope this clarifies my situation a little better.

    Obviously any advice given will be taken fully on board.

    Thanks again

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by scottygees View Post

    It was when reading somebody else's diary whereby they had ignored a large debt and then sent them a CCA request and it had the adverse affect and actually appeared to wake the Giant.
    It's always about timing.

    If the Giant is asleep then let them sleep.

    The minute the Giant wakes up and starts to make noises then that could be the right time to send a s.77-79 CCA Request.

    Which of your debts are you talking about?

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Pat View Post
    I am not sure how to tag on here if it is possible but why not PM Di and ask her
    Diana Mayhew should do the trick

    Di

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  • The Tech Clerk
    replied
    we await CCA request responses
    Last edited by The Tech Clerk; 14 July 2017, 21:09. Reason: spacing

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  • Pat
    replied
    That's always a problem but you can never predict exactly how a debt purchaser or creditor will react. maybe it was someone who sent the CCA request to a named person such as the CEO - a suggestion I have seen but have learnt is a big mistake

    No idea what your finances are like but when I started my journey I was not working in a rented flat, now i am student in a rented flat so there is nothing they can take off me. For my big debt i think I did write asking them to make me bankrupt if they thought they had a case - needless to say they didn't

    Leave a comment:


  • scottygees
    replied
    Originally posted by Pat View Post

    Hi
    I don't want you to give too much away but I have a debt for 15K that I sent a CCA request for - I also sent some letters that maybe would have been better off not sent with some rather colourful language but hey ho- that was then, this is now.

    So far they have not issued a claim, in fact haven't been in contact for over a year and that was to offer me a very substantial discount

    If the account is still with the OC maybe leave well alone, if not I can't see why you shouldn't send a CCA request- it is only a request for info - nothing more nothing less

    I am not sure how to tag on here if it is possible but why not PM Di and ask her - she is an absolute star ( she'll hit me if I call her a brick - which is a compliment where i come from)
    Thanks Pat I will heed your advice. It was when reading somebody else's diary whereby they had ignored a large debt and then sent them a CCA request and it had the adverse affect and actually appeared to wake the Giant. So this is the rationale behind my decision

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  • Pat
    replied
    On your other posts - if they hassle you , once they have received your requests , you might want to just send a one liner- I refer you to my CCA request sent on xxxxxx , I am still waiting your reply. But that would be only if they really hassle you as it is never a good idea to poke them too much as it may only wake them up

    I find cabot usually acknowledge your CCA request and then go quiet if they can not comply

    Leave a comment:


  • Pat
    replied
    Originally posted by scottygees View Post

    Thanks for the response. To be honest i have not been very decisive in how to deal with these debts and have worried long and hard before finally taking the unenforceable route. I will see what comes back from these CCA requests and from there I may run my own DMP. I have one large debt for £12500 which is my main worry and haven't sent a CCA for this as i am pretty sure it will be enforceable and am worried that not making any payment to this could have a big impact on not just myself but my family as a whole.
    Hi
    I don't want you to give too much away but I have a debt for 15K that I sent a CCA request for - I also sent some letters that maybe would have been better off not sent with some rather colourful language but hey ho- that was then, this is now.

    So far they have not issued a claim, in fact haven't been in contact for over a year and that was to offer me a very substantial discount

    If the account is still with the OC maybe leave well alone, if not I can't see why you shouldn't send a CCA request- it is only a request for info - nothing more nothing less

    I am not sure how to tag on here if it is possible but why not PM Di and ask her - she is an absolute star ( she'll hit me if I call her a brick - which is a compliment where i come from)

    Leave a comment:


  • scottygees
    replied
    Originally posted by scottygees View Post
    YORKSHIRE BANK
    • Credit Card
    • Date commenced-not known
    • Approx balance-£1583
    • Date last paid -Sept 2010
    • Are you on arrangement or not paying-DMP but no payment made since Feb 2017
    • Status-unknown as no longer showing on credit report
    • Account owner-Cabot
    12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
    13/07/17-CCA request made
    14/07/17 letter dated 1st July!!(really 2 weeks for me to receive it!) recd from Cabot wanting to work out an affordable repayment plan

    Leave a comment:


  • scottygees
    replied
    Originally posted by scottygees View Post
    MBNA
    • Credit Card
    • Date commenced-unknown
    • Approx balance-£785
    • Date last paid-Sept 2010
    • Are you on arrangement or not paying-DMP but no payment made since Feb 2017
    • Status-unknown as no longer showing on credit report
    • Account owner- Idem Capital Securities
    no previous correspondence recd
    13/7/17-CCA request made
    14/7/17-Income and Expenditure form recd from Idem out of the blue. Needless to say I shan't be completing it!

    Leave a comment:

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