Batfink's debt diary

[Batfink]

Hi all

I have two accounts with Cahoot, one for a flexiloan and the other is a credit card. I will list these in separate posts as that's probably easier to follow. My hubby and I do have some other debts I can add to this diary later but they are under control and it's these two Cahoot accounts that I am trying to sort at the moment.

Thanks for reading.

[Batfink]

Re: Batfink's debt diary

Type of account (credit card/loan) - Cahoot Flexiloan
Date commenced (ideally before Apr 2007) - January 2003
Approx balance - £4,000
Date last paid (approximate date you last made a FULL payment)- March 2009
Are you on arrangement or not paying - Paying £20-£50 as and when I have the money
Status (default/in arrears/up-to-date) - Default
Account owner (who is writing to you, a DCA or the lender) - Santander

July 2010 - I asked for a copy of the CCA
August 2010 - CCA reminder letter sent
August 2010 - CCA & pages and pages of terms & conditions received

In the last few months I have received a couple of letters (no dates) saying they are concerned that no payments have been made recently and could I please contact them?

August 2012 - Copy of CCA will be emailed to Niddy to look at if that's ok please?

[Batfink]

Re: Batfink's debt diary

Type of account (credit card/loan) - Cahoot credit card
Date commenced (ideally before Apr 2007) - November 2002
Approx balance - £6,700
Date last paid (approximate date you last made a FULL payment)- April 2009
Are you on arrangement or not paying - Have paid nothing since I came out of my DMP in June 2010. I tried to get sort code and account details from Cahoot to where payments should be made but they haven't responded to my letter
Status (default/in arrears/up-to-date) - According to my credit report in May 2012 I am up to date although it does show missed payments from July 2009 to January 2012 (Payments from February to May 2012 are showing are paid/green????)
Account owner (who is writing to you, a DCA or the lender) - I hear nothing from anyone about this debt

July 2010 - I asked for a copy of the CCA
August 2010 - CCA reminder letter sent
November 2010 - CCA received
February 2011 - I requested payment details

That's it, nothing else at all!

August 2012 - Copy of CCA will be emailed to Niddy to look at if that's ok please?

[Pixie]

Re: Batfink's debt diary

Of course it's okay to email the ccas to Niddy!

Follow the instructions here--->User Guide - Sending your Agreement to Niddy - allaboutFORUMS

Remember to send a separate email for each cca and to put your user name in the subject line so he knows who you are.

[Batfink]

Re: Batfink's debt diary

Thank you. I have just sent both agreements to Niddy.

[Batfink]

Re: Batfink's debt diary

Many thanks to Niddy for taking the time to look at my agreements.

Niddy says that the credit card CCA is enforceable so I will just wait now for Cahoot to contact me with payment details for me to start paying.

The Flexiloan is apparently unenforceable. Niddy says "Flexi loans are generally always unenforceable, and this is no exception. There is no PT's for the separate loan and card element hence s.18 kicks in."

Can I just clarify this please? This CCA was for a loan only, the only card I had was the credit card for which I have a separate CCA. What does the card element mean?

Thank you for taking time out to help me, I really appreciate it.

[Never-In-Doubt]

Re: Batfink's debt diary

The Flexiloan is apparently unenforceable. Niddy says "Flexi loans are generally always unenforceable, and this is no exception. There is no PT's for the separate loan and card element hence s.18 kicks in."

Can I just clarify this please? This CCA was for a loan only, the only card I had was the credit card for which I have a separate CCA. What does the card element mean?

Morning, Ok I will clarify.

Usually flexi-loans are unenforceable as they are not just a simple loan, some come linked to a bank account (ie with a card) whilst others work like a formal overdraft but instead of higher OD rates it's a flexible loan, so you could have a 'limit' which means so long as you stay within that limit you can use and pay off as much/little as you like.

The problem lies with the way these accounts actually work in comparison to the actual CCA. If it is a loan then it's a loan. For the loan to stand firm it would need to provide all the PT's necessary as per a typical main-stream loan, these don't as there is a flexible APR hence the repayments, interest etc all fluctuates.

As I say it's quite complicated but on here we take the approach that it is best to treat the majority of these as UE until such time they decide to get heavy then we re-evaluate things. Never has one got heavy, which leads us to think maybe we have a valid point....

Basically, I would be blagging both and respond with one letter (this one ---> http://www.all-about-debt.co.uk/templates/unenforceability/s2-t1.php ) and just add both account numbers to it.

I'd not arrange repayments yet, no need at this stage - it's too early doors

[Batfink]

Re: Batfink's debt diary

Thanks, Niddy. I shall get a letter off to Cahoot but I don't think I'm going to mention the credit card account to them as they seem to have forgotten about it.

[Batfink]

Re: Batfink's debt diary

For some reason I never sent that letter, no idea what happened there.

Anyway, I have printed one off ready to send tomorrow (now have Wescot chasing me for payment which is what alerted me to the fact that I haven't done anything about this. Idiot I am!) Thing is, I was looking through threads on here and found this one http://forums.all-about-debt.co.uk/s...ghlight=wescot where someone else's CCA was said to be enforceable. This has got me wondering why mine is unenforceable, could it be because mine is earlier than the one that Bosdog has?

Sorry, just don't want to make things worse for myself by sending off the wrong letter.

[MrsD]

Re: Batfink's debt diary

they are different, and everyone's journey is different. two ccs taken out on the same day by people who live in the same house, and defaulted at the same time can be treated differently.

wescot are'nt that smart so if this is the first time you've heard from them about this debt, send the sold in dispute

[Batfink]

Re: Batfink's debt diary

Thank you. I have printed off a copy of the dispute letter and told them it's not in dispute. Gets so confusing sometimes so I really appreciate everyone on here giving their free time to help others. Thank you all.

[MrsD]

Re: Batfink's debt diary

hold the bus

you told them it wasn't in dispute?

[Batfink]

Re: Batfink's debt diary

Carry on bus! Meant "now", not "not". Just checking you were still awake. You passed my test, well done...

[MrsD]

Re: Batfink's debt diary