sunnylolly - Diary

[Still Waving]

Hi

Nothing appears to have changed, so the advice remains the same, I think.

You could start sending off the CCA74 Request template letters to, at least, the pre 2007 card debts. You don't have to send them all at once, but you will probably find that, once you have dipped your toe in the water by sending the initial letters, you will begin to feel a sense of empowerment that you are actively exploring the options open to you. Here is a link to the template https://www.all-about-debt.co.uk/for...%20Request.doc

[sunnylolly]

Hi

I have just updated my diary with communication, really just letters, default notices, notice of arrears etc. asking for payment. I am a bit conscious that I am just ignoring everything really, is that the right thing to do at this stage? I have ten £1 postal orders so I am going to send off CCA requests, will that be enough communication with them for now? Or is there anything else I should be sending. We are getting phone calls on our work landline now too.

I have had the postal orders a while but have had family visiting and just haven't had time to do anything with them.

I am also conscious of the balances rising but there isn't anything I can do about that right now, as our income is pretty non-existent at the minute so I can't pay anything.

I have updated my M&S as I found an old letter from 2003 referring to my credit card 'upgrade'

Also what should I do regarding first direct current account? Just let them close it or is it better that I close it myself? We will still owe the overdraft balance which can't be paid just yet.

Hope everyone is battling through and thanks for all the responses and help so far.

[Susie]

Ignoring is good as ;ong as they are not threatening, just update the diary with anything new.

M&S card upgrade, was this originally a store card that was upgraded to a credit card?

[Still Waving]

Also what should I do regarding first direct current account? Just let them close it or is it better that I close it myself? We will still owe the overdraft balance which can't be paid just yet.

Have you another current account with a bank that you don't owe money to? If not, I suggest you need to sort one out ASAP. If your credit record gets trashed, then you could find it difficult to get another.

As regards the First Direct one, if it has an overdraft balance I don't see how you could close it yourself (apart from paying off the overdraft). I think it would be for the bank to terminate it in due course after defaulting it for non payment.

[Still Waving]

Just had a quick look through your updated histories, and can't see that there is anything else pressing that you need to do regarding correspondence received. You can be getting the CCA requests under way.

You tried to do 'the right thing' by sending letters to all explaining your difficulty, but I note that some are hounding you with texts and phone calls, including to your place of work. With these I think you should probably send the telephone harassment letter, which you will find here https://all-about-debt.co.uk/forum_c...20Template.doc . If they still continue there is a further follow up which can be sent.

Also start keeping a record of the frequency and times (of day) of these calls from each creditor, as it is useful if you need to make a formal complaint to the regulators.

[Joanna Connolly Solicitors]

I have updated my M&S as I found an old letter from 2003 referring to my credit card 'upgrade'

Ah ha!

Have you sent a s 77-79 CCA Request to M&S yet?

I note they are still adding interest ! (unless I've misunderstood).

M&S MasterCard Credit Card - formerly Chargecard/Store card think a new card just turned up as a credit card one day.
Date commenced - 25/6/97
Balance £13276.98
Last paid 30/4/18 £309.75 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date.
Account owner M&S Bank

*Edit I have found a letter from Marks and Spencer Money dates 1/11/03 advising they ad recently wrote to me to explain they are upgrading my Chargecard to the new &more credit card (I haven't found that letter as yet) and as part of my upgrade they have set up a new direct debit on my account to replace the chargecard direct debit and they give me a new reference number (which is my current credit card number) and advising of &more benefits and card and pin would be with me soon *

This one has immediately caught my eye

From what you say this was a M&S store card which may have been 'upgraded' to a credit card without any further contract/credit agreement signed etc.

I won a case in court with a similar legal scenario.

Read my judgment in this link > http://news.bbc.co.uk/1/shared/bsp/h...wjudgement.pdf

Have you sent a s 77-79 CCA Request to M&S? If not then I suggest you do that now.

Di

[sunnylolly]

Hi thank you for the replies.

Susie - yes was originally an M&S store card.
Still Waving - good point about not being able to close FD current account, I shall leave it to them. Yes we have Monzo current accounts now, so not related to any of our debts as far as I can tell.
Diana - no I haven't sent the M&S CCA request yet, I am on it this weekend though! I got a load of postal orders so I am going to send to all creditors and take it from there. Yes you are right M&S are still adding interest, they refused to back off on interest and fees.

I will get CCA requests ready to send Monday and take it from there, will report back!

Thanks again, have a good weekend everyone.

[Still Waving]

"I will get CCA requests ready to send Monday and take it from there, will report back!"

As I expect you are already aware - best to send those letters by recorded delivery, that way you will have a record of despatch and can check the Royal Mail website for delivery details afterwards.

[Roger]

"I will get CCA requests ready to send Monday and take it from there, will report back!"

As I expect you are already aware - best to send those letters by recorded delivery, that way you will have a record of despatch and can check the Royal Mail website for delivery details afterwards.

Also make a note of PO Numbers and to whom each Postal Order is going.
I scan/photograph mine (you can check whether the Postal Order has been paid!)

[sunnylolly]

Hi All, I am starting to get some responses from my CCA requests unfortunately we have had 3 refusals to provide information because the paperwork is not signed, these came back quite quickly and are M&S credit cards and First Direct credit cards. They kept the £1 postal orders though! I did get a reply from Ratesetter who said those sections of the consumer credit act don't apply to this loan but they supplied the agreement anyway in order to assist us. Would it be okay for me to send this agreement in to get it checked anyway? just for peace of mind? They did also return the £1 postal order!

So do I send the next letter, reminding them that they are corresponding with this address etc. Does that generally fix it does anyone know? or does it not matter if it drags on for a bit like this?

I will update my diary later this week, I just wanted to get ahead on the next stage as M&S have given me a time limit to get back to them.

Many thanks again.

[Joanna Connolly Solicitors]

I am starting to get some responses from my CCA requests unfortunately we have had 3 refusals to provide information because the paperwork is not signed, these came back quite quickly and are M&S credit cards and First Direct credit cards. They kept the £1 postal orders though! I did get a reply from Ratesetter who said those sections of the consumer credit act don't apply to this loan but they supplied the agreement anyway in order to assist us. Would it be okay for me to send this agreement in to get it checked anyway? just for peace of mind? They did also return the £1 postal order!

So do I send the next letter, reminding them that they are corresponding with this address etc. Does that generally fix it does anyone know? or does it not matter if it drags on for a bit like this?

I will update my diary later this week, I just wanted to get ahead on the next stage as M&S have given me a time limit to get back to them.

Many thanks again.

There isn't really a general answer to your question.

The best way to manage the situation is to add an update to each debt post with the latest 'happening' so bespoke advice can be given.

Personally I would never suggest sending a chasing letter to any debt owner once you've sent a valid s 77-79 CCA Request. If they haven't complied within the statutory timescale then that's their problem not yours

Ideally you don't want them to source and produce the credit agreement - ever!

Di

[sunnylolly]

Hi Di, thank you for the response, I will update diary tomorrow.

I just wondered about the ones who have said they won’t comply as I did not sign the requests, I just typed my name in italics as a signature. I wasn’t sure if that is a valid reason not to send my agreement or if I need to send another letter.

I’ll update diary as that will give a clearer picture.

Many thanks

[Still Waving]

Hi Di, thank you for the response, I will update diary tomorrow.

I just wondered about the ones who have said they won’t comply as I did not sign the requests, I just typed my name in italics as a signature. I wasn’t sure if that is a valid reason not to send my agreement or if I need to send another letter.

I’ll update diary as that will give a clearer picture.

Many thanks

A bit late after the event -but perhaps what you should have done was to sign using a handwriting script font. You may have one or two in your wordprocessor already, or there are loads which can be downloaded free on the 'net. I have used one called John Lennon.

(Clearly, italics is not handwriting.)

[sunnylolly]

Ah yes I clearly didn’t understand electronic signature, although I did use a different font but not sure which one now though.

I have googled around and it seems a signature is not legally required on these requests but I think I will send the template letter provided in response anyway and I’ll try and find a handwriting font this time.

Many thanks

[sunnylolly]

Diary updated, CCA request responses from First Direct both credit cards and M&S both requesting signature. Ratesetter provided agreement I have emailed this on to address given in forum.
No responses from Post Office x 2 cards, New Day, Capital One, MBNA x 2 as of yesterday 22/8/18.

Any more advice appreciated.