Diary of a newbie!

[Annieebaby]

Hello, I am starting a diary (I hope I’ve done this the right way) because I am new and trying to get out of debt. I will list my debts and who they are with below,
I owe around £14,000 and have been trying to ‘clear’ it over the last year or so but it didn’t seem to be going anywhere and I’d end up relying on credit again.
I now do not have access to any credit cards, I started my own DMP and have just gone down to token payments to all creditors. I have also sent 3 CCA requests off. I wish I had found this site two years ago, I tried to ‘consolidate’ my debt and ended up paying 1 K in interest and spent back on the credit card! But I am really well controlled with my spending now and am looking forward to getting rid of the rest of my debt.

[Annieebaby]

NEXT ACCOUNT debt number 1

Amount- £2033

currently still with NEXT

last full payment- 2017

Last reduced payment- November 2017. Now on tokens to commence February.

Default issued 04/01/18

CCA request requested - 17/01/2018

24/01/2018 CCA request dismissed by NEXT(postal order returned) and asked for £10 if I wanted a SAR. also sent Brecon debt recovery onto me. I haven't yet responded.

[cymruambyth]

Hi and welcome to AAD. This is a start to getting control of your situation. Read some of the other diaries to see how best to proceed and the responses that you can expect. List all the debts on separate posts to keep control of them and for easy reference. Good luck

[Annieebaby]

MBNA Debt 2 credit card

commenced Jan 2016

£3567

payment plan- November 17

last payment December 2017 £1

16/01/2018 default received

17/01/2018 CCA request sent.

01/02/2018 CCA received- ENFORCEABLE

19/2/18 Letter received that they are happy to accept £1 a month payment but may sell my debt on. (Sorry I've changed my mind I am not paying you anymore!)

[Annieebaby]

Debt 3- Barclaycard credit card

opened Jan 2014

current balance: £4300

last full payment ?six months ago

now paying £1, last payment date Jan 21st

currently with Barclaycard but told this will default within the next month.

17/01/18 CCA request sent.

30/01/2018 CCA received ENFORCEABLE

01/02/2018 default received.

[Annieebaby]

Debt 4- Santander overdraft

opened 2011

balance £1999.99

no payments made to it yet, withdrawn from me when account was ‘closed’ in December 17

05/01/18- I sent a letter stating that I can pay £1 per month and they said that is fine at the moment as long as I make these payments. They will default me in 1-3 months as standard.

[Annieebaby]

Debt 5- Co-op Overdraft

account opened 2012

balance £1479

last payment on repayment plan October 2017
Account remains open until overdraft is cleared.

05/01/18- letter sent to state I and E and that I can only pay £1 per month.

10/01/2018 co-op replied and said account frozen for 3 months then they’ll reassess.

[Annieebaby]

So all my debts are quite recent, the MBNA was a ‘consilidation’ Of previous closed accounts. I have sent CCA requests to the ones that I can but think this is probably a waste of time seeing as it’s so new. I am offering £1 per month atm to build a full and final fund so I can start paying them off when I can, been trying to get on top of it all for the last year and haven’t so hopefully dropping down to £1 payments will help.

Any advice on anything else I should be doing is grateful. I have read through the whole UE thread re overdraft but don’t think it applies to me, my OD are within the normal limits and neither are applying interest or charges at the moment. My credit rating is shot, one default already and the others to hopefully follow in a month or so! I don’t mind about this though as I don’t want credit again in the future.

[Annieebaby]

So I sent a CCA request to NEXT, do they even read letters? They returned my postal order and said “thank you for your postal order payment but unfortunately next no longer accept postal orders as a method of payment. I have therefore enclosed the postal order for you. There are several other payment options which are detailed on our website but just for reference I have listed below. I hope this helps and I am sorry for any disappointment or inconvenience caused”

No mention of my CCA request at all?

[Roger]

So I sent a CCA request to NEXT, do they even read letters? They returned my postal order and said “thank you for your postal order payment but unfortunately next no longer accept postal orders as a method of payment. I have therefore enclosed the postal order for you. There are several other payment options which are detailed on our website but just for reference I have listed below. I hope this helps and I am sorry for any disappointment or inconvenience caused”

No mention of my CCA request at all?

Keep that letter very carefully!
You have proof of postage and their receipt of the CCA request. The £1 is required by Law doesn't matter what they did with this! I should just get it refunded from the Post Office.
Right now they are in default of your CCA make a not in your diary!

[nightwatch]

ok do you have a cheque book you could pay that way, just resend it, with CCA request at the top of the letter in bold; if you want to!

[Annieebaby]

Thank you for the advice. I don’t have a cheque book but I also don’t want to resend it because they acted as if I was just trying to make a payment, rather than requesting my CCA as they made no acknowledgement to it? So if I do that they might just take the £1 off of my balance. It Just gave me a list of options of how I can pay them I.e- Paypal, online, giftcard....

If I just ignored because they are in default of my request, what would happen if I get a notice before action letter through, couldn’t they just lie and say I didn’t request it and show everything to the court, if they do manage to reconstitute one/have the original. Sorry just thinking worst case scenario.

[Roger]

Thank you for the advice. I don’t have a cheque book but I also don’t want to resend it because they acted as if I was just trying to make a payment, rather than requesting my CCA as they made no acknowledgement to it? So if I do that they might just take the £1 off of my balance. It Just gave me a list of options of how I can pay them I.e- Paypal, online, giftcard....

If I just ignored because they are in default of my request, what would happen if I get a notice before action letter through, couldn’t they just lie and say I didn’t request it and show everything to the court, if they do manage to reconstitute one/have the original. Sorry just thinking worst case scenario.

You have your record of the CCA with the £1 Postal Order and you have their reply admitting receipt of the Postal Order.
If you used Recorded Delivery you may even have a signature!
They must have read the letter mustn't they? It expressly says only to be used for the CCA.
They have chosen to ignore it.
You diary doesn't show when this was opened. Now post 2007 are likely to be Enforceable BUT if the CCA is outstanding then this works in your favour doesn't it!

Right now you and they are in a dispute for an outstanding CCA request and you have the evidence to prove this.

With the New before Action Letter it seems tactics are all important, so an outstanding CCA S.78 is an asset in the Bank!
It is your choice! Others may have better advice

[Annieebaby]

Thanks very much Roger for your input. I’ll leave be for now then! It was opened 2013, I’ll try to update my entries when I’m home in the computer I can’t seem to edit on my phone. The other two I sent off haven’t replied or even acknowledged my request (although only a week ago) I shall sit tight

[Roger]

So all my debts are quite recent, the MBNA was a ‘consilidation’ Of previous closed accounts. I have sent CCA requests to the ones that I can but think this is probably a waste of time seeing as it’s so new. I am offering £1 per month atm to build a full and final fund so I can start paying them off when I can, been trying to get on top of it all for the last year and haven’t so hopefully dropping down to £1 payments will help.

Any advice on anything else I should be doing is grateful. I have read through the whole UE thread re overdraft but don’t think it applies to me, my OD are within the normal limits and neither are applying interest or charges at the moment. My credit rating is shot, one default already and the others to hopefully follow in a month or so! I don’t mind about this though as I don’t want credit again in the future.

MBNA was a consolidation of previous closed accounts?
Were these previous accounts with MBNA?