Meepatme Diary - Start of the long path

[Meepatme]

MBNA

• Type of account (credit card/loan): Credit Card
• Date commenced (ideally before Apr 2007)10/11/2006
• Approx balance:£6300
• Date last paid (approximate date you last made a FULL payment) July 2017
• Are you on arrangement or not paying Not Paying
• Status (default/in arrears/up-to-date) Up-to-Date
• Account owner (who is writing to you, a DCA or the lender)Lender

11/08/2017 DD letter sent:My circumstances have changed considerably, resulting in I cannot now afford the agreed monthly payments due to debts spiraling out of control my outgoing are now far higher than my income.I have been speaking to Step Change at length regarding my situation reference number xxxx and I intend to enter into a DMP in December 2017. If interest or other charges are being added to the account, I'd be grateful if you would freeze these so that the debt does not increase. If the interest can freeze it would certainly help these very stressful times.Should my circumstances improve, I will contact you immediately. Expect to hear from Step Change in November regarding the December DMP. If you could please address any communications going forward in letter format ONLY. As this is affecting me emotionally with the stress of debt and challenging times ahead.Thank you for your assistance, I look forward to hearing from you as soon as possible.
14/08/2017 Voice mail from MBNA team asking for a call,ignored
15/08/2017 Letter received dated 10/08/2017 sorry to hear blah blah if you cant maintain your contractual payments please complete enclosed I & E form. It then states were leave you alone for 30 days. Best to ignore all from what iv read.
16/08/2017 letter sent stating This letter is a formal request to 78 of the consumer Credit Act 1974. I request you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions 78 will apply. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulation 2008 (CPUTR). I enclose a postal order in the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose.If you are unable to comply fully and properly with this request you should confirm in writing at the earliest opportunity and certainly within the statutory limit for compliance and return the fee. I look forward from hearing from you.
17/08/2017 letter received restrictions on account as your in difficulty blah blah. Filed
17/08/2017 Another CCA request sent sent one before sending another as this forums ones more detailed dont want to let anything slip by now. (forum copy)
01/09/2017 cca received pass to niddy to check out
11/09/2017 niddy responded cca enforceable debt too new

-Summary at this stage debt is 2006 CCA requested silent from here till response. Second CCA sent to ensure all things covered properaly and this time recorded delivery. Pass niddy to check over cca. Niddy advice debt too new

Debt enforceable again bunking down will wait for more aggressive letters

[Meepatme]

Lenders have been pretty quiet the first month and a bit updates above. Summary of current situation looking like all debts enforceable. HSBC only one not to respond to any CCA letters as of yet and writing about interest to be applied daily etc etc. Dont see anything worth writing back to yet so will stay silent with lenders.

[Meepatme]

Just checked the CCA requests I sent to HSBC for loan and overdraft recorded delivery says delivered so they in breach now. I keep quiet

[Meepatme]

It's a shame to read HSBC is adding 5 pound a day to my overdraft. I guess I need to let this build up till they eventually default on me and interest should stop?

[Meepatme]

HSBC Responded with the CCA request. I think everyone's responded now all too new mostly. Hasn't been much to report. I blocked all lenders on the phone so no phone calls at all. Few letters saying missed payments etc etc. Looking at noodle got a few none payments showing. Was pondering on doing a DMP IN November but me and the mrs were made unemployed so busy applying for jobs. Not really feeling any pressure from all from lenders. I guess keep quiet for now wait for defaults. I will write to everyone soon advise am unemployed soon. Will have read of everyone's dairies see how everyone's doing.

Cheers R

[Meepatme]

Just a quick update, I lost my job over last few months got a new one but 5k less then I was. Still sat doing nothing as far as the creditors are concerned. They really aver very quiet letter once a month or so. Taking time to get the accounts to log lots of arrears. So far credit record shows. No DF. I amuse that the one you need on your account to start the clock for clean new record. Hanging in there happy 2018 to everyone.

MBNA AA AA BB
BARVLAYS AA AA
SAINSBURYS AA AA BB
HSBC AA AA
HSBC AA AA

[Spud]

Sounds like a bit of a tough time on the job front but as you say, Hang in there

Don't worry too much about your Credit file etc......Just keep doing what you are already........Going quiet is a good thing

[Meepatme]

Thanks Spud hanging in there just waiting to see some Defaults finally get lodged. Once all lender have done that least that starts the clock on the credit file sorting. One lender saying we will do it soon thats after 5 months not paying. Irony in this game you want those dreaded defaults on your file :-D.

Not talking to any lender in writing or voice until it either goes to a dc where id need to cca them or if any one actually sent legal papers then id need to fold and go into a plan agreement all being enforceable Hoping they all Default me in the next 6 months then start looping round DC rather then one hold onto it and legal up.

[Meepatme]

Good Evening All. Quick question am about 5 months is so some way to go :-D. A couple of the lenders are moving the debts to there own internal debt in-house firms after giving defaults. Example is the HSBC been moved to HSBC debt management department. Also Salisburys moving the debt to there internal debt department. I assume I dont cca in those situations just cca total external firms right?

Thanks for your help

[Still Waving]

Hi

I see that you said -
"9th October 2017, 12:31

HSBC Responded with the CCA request. I think everyone's responded now all too new mostly."

As you have already sent CCA requests, it is far too soon to send another, and would be pointless anyway.

I wouldn't contact anyone at the moment - wait and see what develops. Keep the diary updated as correspondence arrives.

[cymruambyth]

You only need to send one CCA. If they fail to supply one, keep quiet. If it’s UE you can send a template letter explaining why. If it’s enforceable you have to play a game to survive and achieve a result that you want on your terms.

[Meepatme]

SAINSBURYS BANK LOANS

• Type of account (credit card/loan): Loan
• Date commenced (ideally before Apr 2007) 06/09/2015
• Approx balance:£21700
• Date last paid (approximate date you last made a FULL payment) July 2017
• Are you on arrangement or not paying Not Paying
• Status (default/in arrears/up-to-date) Up-to-Date
• Account owner (who is writing to you, a DCA or the lender)Lender

11/08/2017 DD cancelled, letter sent:My circumstances have changed considerably, resulting in I cannot now afford the agreed monthly payments due to debts spiralling out of control my outgoing are now far higher than my income.I have been speaking to Step Change at length regarding my situation reference number xxxx and I intend to enter into a DMP in December 2017. If interest or other charges are being added to the account, I'd be grateful if you would freeze these so that the debt does not increase. If the interest can freeze it would certainly help these very stressful times.Should my circumstances improve, I will contact you immediately. Expect to hear from Step Change in November regarding the December DMP. If you could please address any communications going forward in letter format ONLY. As this is affecting me emotionally with the stress of debt and challenging times ahead.Thank you for your assistance, I look forward to hearing from you as soon as possible.
17/08/2017 CCA sent recorded delivery (forum copy)
22/08/2017 letter received acknowledging CCA copy enclosed in thread.
25/08/2017 Appears to be just statement. Enclosed copy on thread. No agreement assume sending separate.
30/08/2017 Letter received with agreement on copy. Appears to be valid copy will send here for to see whats what
30/08/2017 Niddy confirms enforceable too new
06/09/2017 Annual Loan Statement received today assume part of the cca request. Will file and wait

SUMMARY CCA received niddy confirmed enforceable due to being 2015. File paper work and wait

The first loan to show up on my file as DEFAULT. Yay first short term goal achieved.

[Joanna Connolly Solicitors]

You only need to send one CCA. If they fail to supply one, keep quiet. If it’s UE you can send a template letter explaining why.

Although it may be best not to tell them what's wrong with the credit agreement because that may encourage them to remedy the flaw.

I'm in favour of keeping quiet

If they plan to issue a claim then you should get 30 days' notice under the new Pre Action Protocol introduced on 1st October 2017. You can decide then how/whether to respond to the Letter Before Claim.

Di

[Meepatme]

Thanks for the feedback Di. Unfortunately all were enforceable so I opted to keep silent waiting for the debts to be moved to 3rd parties to then CCA. This approve was also to get the defaults on file incaseI was ever to go down the DWP route. I know some refuse or make it hard to get Defaults on file to clear up records. Well as of this month all of my creditors have Now just defaulted. Except the HSBC overdraft, I dont think they can being an overdraft?

So small victory key lenders placing defaults odd kind of yay . Not paying lenders now since Aug 17.

Thanks for the support

[Joanna Connolly Solicitors]

Thanks for the feedback Di. Unfortunately all were enforceable so I opted to keep silent waiting for the debts to be moved to 3rd parties to then CCA.

You may have some credit agreements that appear enforceable but there are many other reasons why a debt may be unenforceable especially when they are sold (potential assignment issues) or assigned to a debt purchaser which is unlicensed by the FCA.

Don't lose heart

Did any of them have PPI (I haven't read back through your whole thread yet)?

Di