Unenforceable diary

[glimmer]

Should I send a copy of my terms and agreement to Niddy to see if its unenforceable? I have just seen that I took the card out in 2003.

[nightwatch]

If they have sent you a CCa then yes, please send to Nidddy for checking

[nightwatch]

you just need to wait till the CCA is sent to you, do nothing and if they phone do not talk to them

[nightwatch]

you say stepchange sent you monthly statements showing the payment, so who have they been paying it to?
If as you say you have moved a number of times then it is a possability that the debt has been sold on, You will need to ask Stepchange for a list of the people they have been paying.

[nightwatch]

you do nothing, you have to give them time to reply, they are not going to rush if they are still being paid.
As Warwick says you need to find out who this money is being paid to.
Again ask Stepchange to list who they are paying to.

[nightwatch]

for ALL your post's DO NOTHING, if you have not heard anything then your CCA request is still outstanding, the accounts are UE untill a valid CCA is received.

[Warwick65]

My guess is that the debt has been sold on at least once from the original creditor. I have to admit I have only one dealings with Santander and they have not sold mine on yet so I don't know what the process is.

AS all the debts are of the same time (2006 ish) I personally would be cancelling my DMP and then, if enforceable agreements come back decide what to do.

You must realise that for debts this age, and particularly when they have been sold on , there are many many other ways they may be unenforceable
My only case to go to court was won because there was no default notice - yes there were other defences that would probably have won the case for me but we didn't even get that far

The courts are so over worked now I think if they can settle a case on the first issue they will - saves time and money

[Still Waving]

Hi Glimmer

I don't know whether you have already had this pointed out on one of your other threads - but the usual thing to do is to make a separate history post for each of your debts, but all on the same thread, rather than have several threads running. It keeps the site tidier and enables Mods to more easily follow your histories.

[Roger]

Send template letter https://www.all-about-debt.co.uk/for...lity-templates CCA Request - Demand of Signature

[Roger]

Owner - you have entered Cabot.
I suspect that your correspondence is with Cabot Financial
But they are probably not the CURRENT CREDITOR . Cabot may have either mentioned or shown the CURRENT CREDITOR within their Letters (might be right hand side?) will be in the Letter Of Assignment. Please see if you can find that CURRENT CREDITOR and provide the exact name!

Unfortunately you have created a series of separate Diaries for each Debt and this means that the advice is patchy and perhaps inconsistent.

In each Case you need to establish the CURRENT CREDITOR as opposed to whom is writing to you.
CCA and CURRENT CREDITOR is your starting point!

[glimmer]

Emailed Niddy.

[glimmer]

Hi

Should I copy all my threads onto this one then? Is that a copy and paste job? Also how do I delete my other threads? Thanks for the admin advice, new to this!

[Roger]

Hi

Should I copy all my threads onto this one then? Is that a copy and paste job? Also how do I delete my other threads? Thanks for the admin advice, new to this!

Ask the admin to do this for you!

[Warwick65]

Hi
It was a nectar credit card. When I asked for the CCA AMEX replied saying the account has ben cancelled and referred to an outside agency. I think it is NCO as the debt collector.

If what they sent is anything like my supposed agreement they would have a hard time enforcing it and they know it. Mine was a 2005 application.

My agreement had Amex Canada Intranet on the bottom and also the default notice was wrong for several reasons

I believe Amex still own my debt and it occasionally does the rounds of DCA's - NCO twice , RMA resolve, Moorcroft although I have not had any communication from them now for a couple of years. They continued to send me monthly statements up until them.

[Joanna Connolly Solicitors]

There is no lawful reason to force you to sign the CCA request and in the past I have told creditors that, sometimes it is useful to just sign it, slightly alter your signature and keep a copy of the letter

Diana Mayhew - any thoughts please

My thoughts are there's no need to get confrontational over something like this so I agree the OP can sign it with a slightly 'individual' signature.

Banks and creditors in general are getting jumpy about the new General Data Protections Regulations so staff have probably been trained to ask for signatures to be on the safe side.

Di