Diary of a newbie!

[Annieebaby]

I have received my CCA from Barclaycard and it looks to be enforceable they have a cover letter stating my credit limit and current balance and then ‘your right to cancel’ short form cancellation, historical terms and conditions and varied terms and conditions.

[Roger]

I have received my CCA from Barclaycard and it looks to be enforceable they have a cover letter stating my credit limit and current balance and then ‘your right to cancel’ short form cancellation, historical terms and conditions and varied terms and conditions.

Send a copy off to Niddy for checking webmaster@all-about-debt.co.uk

[Annieebaby]

Barclaycard =

So I don’t want to get a CCJ ever so I think I’ll pay them £1 a month for a few years then offer a full and final settlement.

[cymruambyth]

Although there are loads of stalling techniques and considerations other than the CCA, this may be your best option.

[Annieebaby]

So far with NEXT: requested CCA, ignored and postal order sent back saying they don’t accept them anymore.
2 weeks later their in house debt collectors contact me and I say that I will pay £1 a month but not until I receive a CCA that I have requested from next.

Fast forward a few more days and receive a letter from NEXT in the post saying that I need to send £10 as that info is stored in archive file, and then further down the letter they talk about a SAR. I obviously don’t want a SAR and have never requested a SAR what are they playing at? Shall I reply stating the section of the law and send £1? Surely they can’t charge more than that.

[The Tech Clerk]

For Info:-

CCA REQUEST IS £1.00

SAR Request is £10 as per regulation


just point out a CCA request made on date ??? and they had 12 + 2 days as per regulation so the CCA is outstanding

[Annieebaby]

Not a lot to update my end, I sent the letter to NEXT again, clarifying that I have asked for a CCA not a SAR and included my £1 postal order again. Will see what happens now!

So with MBNA they will be in default of my request as of Monday. My plan? To stay quiet and say nothing is that right.

my two overdrafts I’m not sure what I should do with them, I’ve seen the UE route with over drafts but I don’t understand it much, they are both quite ‘new’ 2011/2012. Should I just ignore them for now and wait until they’ve been defaulted and passed to DCA before acting?

[Roger]

Not a lot to update my end, I sent the letter to NEXT again, clarifying that I have asked for a CCA not a SAR and included my £1 postal order again. Will see what happens now!

So with MBNA they will be in default of my request as of Monday. My plan? To stay quiet and say nothing is that right.

my two overdrafts I’m not sure what I should do with them, I’ve seen the UE route with over drafts but I don’t understand it much, they are both quite ‘new’ 2011/2012. Should I just ignore them for now and wait until they’ve been defaulted and passed to DCA before acting?

I am sorry I missed this.

Personally I think that this was a big mistake "..I sent the letter to NEXT again, clarifying that I have asked for a CCA not a SAR and included my £1 postal order again .."
The CCA s.78 letter is very clearly written and is totally different from a SAR request.

Never correct a Creditor or DCA!!! That's just inviting them to correct their errors and then SUE you!

Silence is golden here. Send the letter's and Silence.

[Annieebaby]

when I said I had sent it I meant I’ve written it and it’s in the envelope ready to send tomorrow so I won’t send it then?

If they wanted to sue me, couldn’t they just issue me with court papers despite being in default of my request if they wanted to and in the mean while find the relevant paperwork?

[Roger]

when I said I had sent it I meant I’ve written it and it’s in the envelope ready to send tomorrow so I won’t send it then?
If they wanted to sue me, couldn’t they just issue me with court papers despite being in default of my request if they wanted to and in the mean while find the relevant paperwork?

The Consumer Credit Act we are the 'Consumers' and there are Laws and regulations requirements under this Act for Credit Providers and the penalty for Not following these is Unenforcability.
By sending a CCA S.78 request with a £1 you are protected under the Consumer Credit Act.
They returned the £1 Postal Order and thereby have admitted receiving your CCA S.78 letter and are bound by that Statutary Duty. If they have mixed up their paper work this is to your advantage.

Over this be silent no contact! Do not correct their error!!

Of course they could issue with court papers, but they are in default of that S.78 Request!! The Legal Team will know how to use that to good advantage!
BUT the most likely course will be to sell (Assign your debt to a DBA).


The overdraft(s) I would send the Over Draft Letter you don't send a £1 its in the AAD+ Templates " Bank Accounts CCA Request "
Read Niddy's information here and yes there is protection under the CCA! https://www.all-about-debt.co.uk/for...tion#post10382

"..a type of CCA Request is necessary in order to get things going yet because this does not conform with usual s.77, s.78 & s.79 requests we do not need to send the £1 payment .."
"

You have started well!

[Annieebaby]

Thank you so much for the advice, really appreciate it. lll sign up to AAD+ tomorrow and have a look at Niddys advice

[Joanna Connolly Solicitors]

with NEXT: requested CCA, ignored and postal order sent back saying they don’t accept them anymore.
2 weeks later their in house debt collectors contact me and I say that I will pay £1 a month but not until I receive a CCA that I have requested from next.

Fast forward a few more days and receive a letter from NEXT in the post saying that I need to send £10 as that info is stored in archive file, and then further down the letter they talk about a SAR. I obviously don’t want a SAR and have never requested a SAR what are they playing at? Shall I reply stating the section of the law and send £1?

You've sent a valid CCA Request.

They have acknowledged receipt of your request including an acknowledgement of your £1 postal order for the statutory fee despite them subsequently returning it to you. That doesn't undo the fact that you sent it with your request in the first place.

Job done.

When did you open this Next account (I can't see the date in your post # 2)?


Di

[Annieebaby]

I opened it in 2013, need to edit my entries but can’t do it on phone xx

[Annieebaby]

MBNA sent me a CCA response today and it has lots of pages but seems to be all there with my details on, only opened in 2016 I think so knew they would come back with it. Don’t think I will try to SB this one, I’ll continue to pay £1 per month like Barclaycard who is enforceable and offer a full and final at some point.

[Annieebaby]

I’ve been thinking about our plan of action going forward seeing as 2 debts are over drafts, 2 are enforceable credit cards and 1 is still unknown (NEXT).

Could I not bother with the token payments, (I haven’t started them yet or paid anyone any money this year) and just try to aim for statue bar. If a DCA got heavy or sent court papers I could always try and arrange a ‘payment plan’ or full and final then can’t I?