Unenforceable diary

[Joanna Connolly Solicitors]

Noone is reporting on my credit file. My last default for this account was in December 2007. Moorcroft say "from our client" in their letter.

I would send a Subject Access Request to StepChange to get the full history of exactly who they've been paying and when.

It's possible that some of your debts may have been assigned (sold) to debt purchasers without you knowing especially if any Notice of Assignment was served on an address where you weren't living (you say you've moved several times in another thread I've read).

The NOA is important because they should serve it on you not your DMP provider, although they may try to say StepChange were acting as your agent if argued.

Wait until 25th May and then you won't have to pay the £10 fee for your SAR

Di

[Joanna Connolly Solicitors]

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!

We were all new to it at some point!

The main thing is you've listed all your debts in a format that's easy to follow. If it needs tidying up that will be done by a Moderator for you.

There'll be lots of questions which are simply to get clarity on some issues before suggesting your next step.

I've read everything you've posted so far and I can't see solicitors chasing you (unless I've missed anything) but a number of debt purchasers use law firms to write to you.

However since 1st October last year (2017) the new Pre Action Protocol says they must send you a formal 'Letter Before Claim' giving you 30 days to respond before they should issue any court claim. Let's hope you don't need to know that but it's good to know that you should have enough warning to decide how you want to manage the situation if it happens.

You've sent all of them a s 77-79 CCA Request so hopefully you're now feeling more in control of the situtaton instead of the situation controlling you

Di

[Joanna Connolly Solicitors]

Should I send a copy of my terms and agreement to Niddy to see if its unenforceable? .

It's important to keep the covering letter when you're sent a 'credit agreement' in response to a s 77-79 CCA Request because the small print can be useful especially if they admit it's a reconstituted document or if the letter says the debt is unenforceable but then they sell it on to someone else who starts court proceedings.

The FCA Handbook CONC 13.1.6 states that the firm must tell you when a debt is unenforceable due to non compliance with s 77-79 CCA otherwise it would be considered misleading if they don't >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Mind you there are some firms out there which are not authorised by the FCA but that's another story for another day

Di

[Joanna Connolly Solicitors]

I did have one case go to court and Joanna Connolly solicitors represented me and we defeated the claim

This is true

Di

[Joanna Connolly Solicitors]

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.

Exactly!

At first it's hard not to instinctively chase for information but that can only make matters worse if they decide to try harder to source or reconstitute a document.

Some people naively make a formal complaint and even escalate it to the FOS demanding their credit agreement! Never do that because your hope is that it won't be produced or an inaccurate recon may be sent - then you don't tell them what's wrong with it either

Di

[glimmer]

Thank you for your advice. I haven't had anyone chase me for years as I've been making small payments through a DMP. None of them have threatened to take me court. I want to get a mortgage so thats why I'm trying to sort out these old debts.

[glimmer]

Thanks. Niddy said it is unenforceable. What should I do now because the CCA came from AMEX and the debt is currently being asked for by NCO. AMEX said they have cancelled my account.

[glimmer]

Thanks, I'll wait until 25th.

[Never-In-Doubt]

Threads now merged into one single diary.

Niddy

[Never-In-Doubt]

What should I do now because the CCA came from AMEX and the debt is currently being asked for by NCO. AMEX said they have cancelled my account.

Wait and see what NCO write back with next....

[Joanna Connolly Solicitors]

This is my diary. Trying to clear debts with a F&F settlement offer but want to negotiate, sent CCA request recently to be in a better position to do this. I have about £30000 debts with 6 debtors.

Barclaycard

• Credit card
• Date commenced-around 2006
• Approx balance-£3100 approx
• Date last paid - 25.04.18
• Are you on arrangement or not paying-DMP paying £6
• Status-last default in dec 2007
• Account owner-Cabot

24/04/18 - sent CCA request using your template with £1 postal order
25/08/018 - signed for by Cabot

Nothing heard.

Did Cabot acknowledge the CCA Request that you sent in April which they signed for?

Or have they ignored it since you say you are still paying them through a DMP?

And is the debt owner Cabot Financial (UK) Ltd or Cabot Financial Ltd?

Di

[Joanna Connolly Solicitors]

Halifax

• Personal loan
• Date commenced-around 2006
• Approx balance-£4900 approx
• Date last paid - 25.04.18
• Are you on arrangement or not paying-DMP paying £9
• Status-last default in dec 2007
• Account owner-Apex

24/04/18 - sent CCA request using your template with £1 postal order
25/08/018 - signed for by Apex
nothing heard

The same question about this CCA Request to Apex who purchased your Halifax Personal Loan?

Di

[Joanna Connolly Solicitors]

Lloyds

• Personal loan
• Date commenced-around 2006
• Approx balance-£7800 approx
• Date last paid - 25.04.18
• Are you on arrangement or not paying-DMP paying £10
• Status-last default in dec 2007
• Account owner-Wescot

24/04/18 - sent CCA request using your template with £1 postal order
25/08/018 - signed for by Apex
26/08/18 - letter returned and told to write to Lloyds
2.05.18 - sent CCA to Lloyds
9/05/18 - Letter returned and have been asked to send a CCA request hand signed
20/05/18 - sent another CCA letter with a squiggle on it.

If Lloyds haven't complied with your CCA Request yet (sent 20th May) this debt will be unenforceable in court unless or until they do

Perhaps it's gone quiet because they can't locate the paperwork so they might sell you on.

Di

[Joanna Connolly Solicitors]

MBNA

• Credit card
• Date commenced-around 2006
• Approx balance-£5900 approx
• Date last paid - 25.04.18
• Are you on arrangement or not paying-DMP paying £10
• Status-last default in dec 2007
• Account owner-Moorcroft

24/04/18 - sent CCA request using your template with £1 postal order
28/04/18 - received letter saying they have requested the information from MBNA

I've just noticed that you may have sent your CCA Request to Moorcroft the DCA and not MBNA who are the owners of the debt.

Did you get a response from either of them?

Di

[Joanna Connolly Solicitors]

I would send a Subject Access Request to StepChange to get the full history of exactly who they've been paying and when.

It's possible that some of your debts may have been assigned (sold) to debt purchasers without you knowing especially if any Notice of Assignment was served on an address where you weren't living (you say you've moved several times in another thread I've read).

The NOA is important because they should serve it on you not your DMP provider, although they may try to say StepChange were acting as your agent if argued

^ ^ ^ ^ I can see that I previously suggested you should send a SAR/GDPR to your DMP provider StepChange. Have you done that?

Reading back through your thread there may be some understandable confusion as to who actually owns these debts and who may be acting as their agent.

Di