Mikey's Diary

[Mikey08]

Virgin/MBNA
Taken out 08/12/08
Credit card
Approx balance £12345.00
Last paid full payment August 2015
Arrangement currently paying £16.72/month
Account with Moorcroft/Arrow Global Ltd
Defaulted 13/04/2016
CCA request received

cca update: checked and valid

[Mikey08]

LloydsTSB
Taken out 19/09/07
Credit card
Approx balance £10342.00
Last paid full payment August 2015
Arrangement currently paying £13.19/month
Account with PRA Group
Defaulted 07/01/2016
CCA request received

cca update: checked and looks valid

[The Tech Clerk]

has Niddy seen the CCA!s?

[Mikey08]

Yes I've sent them in to be checked thanks

[The Tech Clerk]

good keep us updated

[Joanna Connolly Solicitors]

Hello Mikey08

Do you recall if you had PPI on either of these accounts?

Wait for the verdict on the two credit agreements but also be aware that a debt can be unenforceable in court despite a compliant credit agreement if the debt owner hasn’t complied with all,their other statutory obligations.

Let’s wait and see how things unfold.

Are these your only two debts?

Di

[Mikey08]

No PPI on accounts and there are other creditors that have been sent CCA requests but haven't produced anything yet. Most debts from after 2007 though so not sure if they will manage to send the CCA's at some stage. Most with DCA's but 2 with Link might still be Barclaycard.

Been in a dmp with sc for 2 years but considering if it would be worth going self managed to help negotiate f&f's when possible.

[Joanna Connolly Solicitors]

there are other creditors that have been sent CCA requests but haven't produced anything yet. Most debts from after 2007 though so not sure if they will manage to send the CCA's at some stage. Most with DCA's but 2 with Link might still be Barclaycard.

Been in a dmp with sc for 2 years but considering if it would be worth going self managed to help negotiate f&f's when possible.

I think you should consider all your options when you know which debts are unenforceable and which may not be.

Why not make a post for each of the other debts so the full picture can be seen.

I look forward to helping you

Di

[Mikey08]

Contacted two creditors (robway/link) last week to negotiate full and final settlements after they had failed to produce cca's 6 months after acknowledging request. Two accounts with each and they both claim to have sent the cca's for one account but told them nothing ever received so possible lost post but maybe they are just trying it on?

I've asked them to send copies and one said they'd send by email but nothing received yet and the other said they'd resubmit request so not really sure where that leaves me with unenforcability as they claim to have sent the cca's but I definitely haven't received them.

Anyone had similar issues and how best to deal with dca's claiming to have sent cca's when nothing received?

[Never-In-Doubt]

Why chase them? Point is they’re in default if no response.

Or just send a new request after a month and send the fee. They must comply.

[Mikey08]

Why chase them? Point is they’re in default if no response.

Or just send a new request after a month and send the fee. They must comply.

Wasn't wanting to chase them as so far as I was concerned I had received no cca's after their confirmation of request/account on hold but then 6 months later when I contact them to discuss f & f's they then claim to have sent 2 cca's. So like you say maybe need to resubmit cca requests on those accounts.

[Never-In-Doubt]

But why offer to settle when they’re UE?

[Mikey08]

But why offer to settle when they’re UE?

As it's only been about 6 months since requesting cca's and still been making small payments through stepchange dmp thought it might be worth trying for low f & f's before considering going self managed and stopping payment to those that haven't produced cca's, but not sure about waiting 6 years for statute barred and them possibly producing cca's in the future.

[The Tech Clerk]

even a part paid or full final etc will be on your CRA files regardless, so listen to what people are trying to inform you, pay or even not pay it will be there for 6 years,

[Mikey08]

even a part paid or full final etc will be on your CRA files regardless, so listen to what people are trying to inform you, pay or even not pay it will be there for 6 years,

I understand about the 6 years from default to sb if ue and not paying but I'm 2.5 years on dmp so if I stop paying/contact now would be 6 years from now or if I can agree really low f & f's they would drop of my CRA files in 3.5 years. Might not seem worth it to some but just exploring my options for the best route at the moment, didn't know at the time but should have sent for cca's right away.