Mikey's Diary

[Roger]

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.

No CRA files will be 3.5 years irrespective of whether you pay or stop paying. The unenforcibility starts from the moment you cease to acknowledge the debt. Theses are two separate matters which have confused you.
Paying on Unenforcible CCA's or even considering F&F is simply throwing money away for no purpose.

[Joanna Connolly Solicitors]

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.

It does seem to be a bit of a coincidence that two s 77-79 CCA Requests sent to two different debt owners have had their responses lost in the post. What are the odds of that happening I wonder!

Have you kept evidence of having sent them such as Proof of Posting from the post office or better still were they sent Royal Mail Recorded Delivery?

Never believe anything you're told over the phone - keep it all in writing from now on if I were you.

It would be helpful to know a little bit more information about these two debts to be able to guide you with your next step.

Is Robinson Way managing this account on behalf of Hoist Portfolio (a debt purchaser) or as a DCA for the original creditor and how much is the debt?

Who was the original creditor of the other debt before it was assigned to Link and how much is that debt?

Why don't you make a separate post for each of these debts using this format because that'll make it easier to see the history. They all behave in different ways and may need treating differently!

• Type of account (credit card/loan/overdraft/catalogue)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender

I'll wait for a bit more background from you before making any suggestions

Di

[Still Waving]

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.

The debts will drop off your CRA files at the same time whichever route you go down - even if you are still working towards SB on unpaid debts.

[Mikey08]

No CRA files will be 3.5 years irrespective of whether you pay or stop paying. The unenforcibility starts from the moment you cease to acknowledge the debt. Theses are two separate matters which have confused you.
Paying on Unenforcible CCA's or even considering F&F is simply throwing money away for no purpose.

Understand thanks. At this stage just not sure about waiting another 6 years for SB if there might be a possibility for a very low settlement while they haven't produced cca's, most of the debts are after 2008 so maybe they will get enforceable cca's at some stage.

[Joanna Connolly Solicitors]

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.

Since you are currently paying via a DMP with StepChange the debts won't become Statute Barred until six years after your last payment. The SB date is not calculated from the Default unless that occurs after the last payment.

However the whole account will vanish from your CRA files six years to the day the default was registered regardless of whether you settle with a F & F before that anniversary.

Why not send a Subject Access Request to StepChange so you get the full history or who owns what and from when (assigned) and who is acting as a DCA for the original lender/creditor..

Di

[Joanna Connolly Solicitors]

most of the debts are after 2008 so maybe they will get enforceable cca's at some stage.

It won't matter if they produce a compliant credit agreement if they haven't complied with all their other statutory obligations.

There are many ways for a debt to be unenforceable in court such as assignment or licensing issues, or a flawed Default Notice, absence of regular Notice of Sums in Arrears after defaulting etc etc.

We regularly win cases in court with debts which started after 2008 especially if the Claimant can't prove they actually own the debt (assignment issues) so have no right to make the claim in the first place

Even a reconstituted credit agreement has to pass the test of being 'honest and accurate' and the ones we see often aren't!

Di

[Mikey08]

It does seem to be a bit of a coincidence that two s 77-79 CCA Requests sent to two different debt owners have had their responses lost in the post. What are the odds of that happening I wonder!

Have you kept evidence of having sent them such as Proof of Posting from the post office or better still were they sent Royal Mail Recorded Delivery?

Never believe anything you're told over the phone - keep it all in writing from now on if I were you.

It would be helpful to know a little bit more information about these two debts to be able to guide you with your next step.

Is Robinson Way managing this account on behalf of Hoist Portfolio (a debt purchaser) or as a DCA for the original creditor and how much is the debt?

Who was the original creditor of the other debt before it was assigned to Link and how much is that debt?

Why don't you make a separate post for each of these debts using this format because that'll make it easier to see the history. They all behave in different ways and may need treating differently!

• Type of account (credit card/loan/overdraft/catalogue)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender

I'll wait for a bit more background from you before making any suggestions

Di

All acknowledged cca requests in writing and accounts on hold except for two with Link financial who didn't acknowledge receipt of cca requests by letter, when contacted they said they had received and also claimed to have sent one of the cca's but I've never received so maybe I should resubmit cca requests to Link with recorded delivery (they seem to like giving the run around compared to some other dca's).

Robinson Way are managing on behalf of Hoist Portfolio.

I'll create posts for those debts.

[Joanna Connolly Solicitors]

Robinson Way are managing on behalf of Hoist Portfolio.

I had a hunch that would be the case

I'll ask a bit more about that one when you post the background.

Di

[Mikey08]

Halifax credit card
Taken out 05/06/03
Approx balance £12426.00
Last paid full payment August 2015
Arrangement currently paying £16.60/month
Account with Robinson Way for Hoist Portfolio
Defaulted 29/01/2016
CCA request acknowledged

cca update: they claim to have sent but never received so have put account on hold and said they will resubmit request to original lender

[Mikey08]

Barclaycard credit card
Taken out 31/08/12
Approx balance £6970.00
Last paid full payment August 2015
Arrangement currently paying £9/month
Account with Link Financial
Defaulted 28/04/2016
CCA request sent Jan 18

cca update: never acknowledged receipt in writing but in May over phone acknowledged receipt and claimed to have sent cca in post but never received. Said they would email copy but nothing rec'd as yet. Maybe need to submit another cca request registered post?

[Joanna Connolly Solicitors]

Halifax credit card
Taken out 05/06/03
Approx balance £12426.00
Last paid full payment August 2015
Arrangement currently paying £16.60/month
Account with Robinson Way for Hoist Portfolio
Defaulted 29/01/2016
CCA request acknowledged

cca update: they claim to have sent but never received so have put account on hold and said they will resubmit request to original lender

That was quick!

I don't think you need to do anything more at this stage. You've made a perfectly valid CCA Request (did you include the £1 statutory fee with it?) and they have acknowledged receipt of your request.

If they really did send you a copy of the credit agreement then there's no logic as to why they would have to submit a new request to the original lender for the document because it should still be in their files.

Maybe they were a bit 'muddled' about the situation

Post up if/when you hear anything from them.

Di

[Joanna Connolly Solicitors]

Barclaycard credit card
Taken out 31/08/12
Approx balance £6970.00
Last paid full payment August 2015
Arrangement currently paying £9/month
Account with Link Financial
Defaulted 28/04/2016
CCA request sent Jan 18

cca update: never acknowledged receipt in writing but in May over phone acknowledged receipt and claimed to have sent cca in post but never received. Said they would email copy but nothing rec'd as yet. Maybe need to submit another cca request registered post?

Yes I would send a new s 77-79 CCA Request to Link (with the £1 statutory fee by Royal Mail Recorded Delivery) so they can't deny receiving it further down the line.

Di

[Mikey08]

That was quick!

I don't think you need to do anything more at this stage. You've made a perfectly valid CCA Request (did you include the £1 statutory fee with it?) and they have acknowledged receipt of your request.

If they really did send you a copy of the credit agreement then there's no logic as to why they would have to submit a new request to the original lender for the document because it should still be in their files.

Maybe they were a bit 'muddled' about the situation

Post up if/when you hear anything from them.

Di

Thanks Di,

Yes the person on phone did seem muddled as they couldn't find the cca they said they had sent?? But I've now received written confirmation again that account is on hold so I'll wait and see what happens. Should probably stop any payments now and wait for them to kick off?

[Mikey08]

Yes I would send a new s 77-79 CCA Request to Link (with the £1 statutory fee by Royal Mail Recorded Delivery) Link so they can't deny receiving it further down the line.

Di

Yes all previous cca requests sent with £1 postal order but most returned as "goodwill". Will send again.

[Warwick65]

Hi Mikey
As the accounts have been defaulted and you were paying through a DMP then it will be 6 years from your last payment. Many of my debts defualted around 2007/8 and i was in a DMP until ear;y 2012 . Most of those debts went SB last January - out of many creditors i received only 1 claim form which was successfully defended with help for Joanna Connolly and Diana Mayhew


Sorry I didn't press submit and I see others have answered your questions