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  • #61
    Originally posted by Roger View Post
    First
    Send a unredacted copy of the CCA to Niddy webmaster@all-about-debt.co.uk to find out whether it is UE or not.

    Secondly
    There are MANY reasons for unenforciblity.
    This 2014 loan was a consolidation plus top up (At Tesco's suggest?)
    But what about the original Feb 2012 £25k loan
    (ie the first Tesco Loan?) was this Loan a consolidation of other existing debts (with or other than Tesco? ) The Background for this £25k is important.
    Thanks Roger ill send this over tommorow

    In Feb 2012 I took out a personal loan with Tesco for various debt consolidation £25k 11.7 APR
    In Jan 2014 I then reconsolidated with Tesco loan presumably to get a better rate
    I then transferred this loan to Barclays in around May 2014 25k to get a better rate again of 5.9% APR
    I finally moved it all back to Tesco in Sept 2015 again at a lower rate of 5.6%

    The reasons for all 4 loans shown above was either to get a better APR or 2 give myself some more breathing space with cash by each time topping up back to the full £25k (vicious circle)

    Does this help?
    ​​​​​​​
    Roger

    ​​​​​​​Thanks

    Comment


    • #62
      Well this goes back to Feb 2012 and the composite of the various debt consolidations ( the CCA has different regulations for different types of debt) .
      I think you need to look back in more detail of these original debts. For instance whether joint or individual? Over drafts, Loans, Credit Cards etc..
      The only new money in the latest Loan was £2,500.
      It is important that you (for your own sakes) can identify these original debts!

      Comment


      • #63
        Originally posted by Roger View Post
        Well this goes back to Feb 2012 and the composite of the various debt consolidations ( the CCA has different regulations for different types of debt) .
        I think you need to look back in more detail of these original debts. For instance whether joint or individual? Over drafts, Loans, Credit Cards etc..
        The only new money in the latest Loan was £2,500.
        It is important that you (for your own sakes) can identify these original debts!
        Hi Roger

        I have looked hi and low for any paperwork or email trail for the exact source of the original debt but I cannot find a definitive answer

        Im pretty confident the original loan will have been in sole name (mine) and to pay off a combination of loans and credit cards only.

        I dont know if there is anything else I can do to further identify this and at what point this information maybe required

        Many thanks

        Phil

        Comment


        • #64
          Originally posted by philyabootz View Post

          Hi Roger

          I have looked hi and low for any paperwork or email trail for the exact source of the original debt but I cannot find a definitive answer

          Im pretty confident the original loan will have been in sole name (mine) and to pay off a combination of loans and credit cards only.

          I dont know if there is anything else I can do to further identify this and at what point this information maybe required

          Many thanks

          Phil

          I am currently waiting for a response from Niddy to get opinion on enforce-ability


          Comment


          • #65
            PRA group have on 12/10/2018 written to me state the debt as still UE and have not produced to date any signed CCA

            They have asked for me to contact them to "discuss the account further and help come to a mutually acceptable agreement in order to settle the outstanding balance

            Thoughts?


            PRA Group £5800
            • Originally MBNA
            • Type of account Plat credit card
            • Date original CCA commenced August 2016
            • Sold to PRA December 17
            • Date last paid to PRA 01/08/2018 £92.72 via Stepchange
            • Date last payed full contactual amount : Feb 2017 via Stepchange
            • PPI No
            • Notes : CCA requested and original letter back to state debt is currently unenforcable

            Comment


            • #66
              Originally posted by philyabootz View Post

              Hi Roger

              I have looked hi and low for any paperwork or email trail for the exact source of the original debt but I cannot find a definitive answer

              Im pretty confident the original loan will have been in sole name (mine) and to pay off a combination of loans and credit cards only.

              I dont know if there is anything else I can do to further identify this and at what point this information maybe required

              Many thanks

              Phil
              The Loan wasn't for New money but the amalgamation of existing Debts (others as well as yourself?).
              CCA covers variety of different TYPES of debt all of which are treated slightly differently.
              Some may even have had PPI for instance.
              Digging and research here might be to your advantage.
              Was this Loan for instance suggested to you by the OC? Were they aware of the purpose of that Loan?

              Comment


              • #67
                Loan would have been to just cover my debts.

                Ive never taken PPI so this wouldn’t have been involved in any of the debts.

                Im sorry I don’t understand the term OC ?

                Apoligies

                Comment


                • #68
                  The OC is the Original Creditor!

                  Comment


                  • #69
                    Originally posted by Roger View Post

                    The Loan wasn't for New money but the amalgamation of existing Debts (others as well as yourself?).
                    CCA covers variety of different TYPES of debt all of which are treated slightly differently.
                    Some may even have had PPI for instance.
                    Digging and research here might be to your advantage.
                    Was this Loan for instance suggested to you by the OC? Were they aware of the purpose of that Loan?
                    The loan wasn't suggested by the OC as far as I'm aware. They will have been aware of the purpose yes as I would have declared this at the point of applying.

                    Does this help?

                    Thanks

                    Comment


                    • #70
                      Originally posted by Roger View Post

                      The Loan wasn't for New money but the amalgamation of existing Debts (others as well as yourself?).
                      CCA covers variety of different TYPES of debt all of which are treated slightly differently.
                      Some may even have had PPI for instance.
                      Digging and research here might be to your advantage.
                      Was this Loan for instance suggested to you by the OC? Were they aware of the purpose of that Loan?
                      The loan wasn't suggested by the OC as far as I'm aware. They will have been aware of the purpose yes as I would have declared this at the point of applying.

                      Does this help?

                      Thanks

                      Comment


                      • #71
                        Hi all

                        Niddy has responded with this in relation to the Intrum Group Debt listed below


                        Sadly this is enforceable. It’s just too new.

                        Things from 2015 are likely to be better than older accounts.

                        Niddy



                        I am not sure as to where I go from here.

                        Do I seek further advice? Do I contact them to arrange a repayment lan as it is deemed Enforceable? Should I now offer to pay a reduced settlement to clear?

                        Any help from anyone is appreciated...?

                        Thanks


                        Intrum Group £23600
                        · Originally Tesco Loan
                        · Type of account : Loan
                        · Date original CCA commenced Jan 2014 (Restructured from original Tesco loan started from Feb 2012)
                        · Sold to 1st Credit (now Intrum) 26/01/2018
                        · Date last paid to Intrum 01/08/2018 £158.88 via Stepchange
                        · Date last payed full contactual amount : Feb 2017 via Stepchange
                        · PPI No

                        Previous Questions and Responses:

                        Tesco loan was a consolidation loan of the old loan with a top-up of £2500 from the original loan I took with them

                        Have you any way of figuring out when you opened this Tesco loan? Perhaps the reason for starting it may jog your memory such as to consolidate other debts, or buy a car etc.

                        I have found the original paperwork for this Tesco loan. It was taken out for £25k in Jan 2014 at 11.1APR. I received £2500 extra of this amount as the other £22.5k was taken to pay off the existing loan I had with already had with Tesco. The existing loan paid off was at 11.2 APR and taken out in February 2012 again for 25k.

                        Was there PPI attached to the loan?

                        No

                        When did you last pay the monthly payment due under the terms of the loan, and how long would the loan have run for if it had continued to its agreed expiry date (such as 5 years or 84 months etc)?

                        I stopped paying the full contactual amount to Tesco loan when I agreed/set up a debt plan with Stepchange in February 2017. It was opened in Jan 2014 over 121 months so would have finished in Feb 2024. I had paid the full payment for 3 years and 1 month

                        And was it assigned direct to 1st Credit (if so when?) or was it assigned to someone else first? Assignments are important especially with 1st Credit.

                        The loan was assigned/purchased by 1st Credit on 26/01/2018. I have received NO paperwork from Intrun only the original account assignment from 1st credit in Feb 2018

                        Comment


                        • #72
                          I have started to recieve a few missed calls from the PRA group

                          I presume it will be to set up a payment plan etc

                          What shall I do in relation to the next steps with them as both debts are deemed UE either by PRA group letter (MBNA) or Niddy from the forum (Barclaycard)

                          Thanks (summary below)

                          Phil



                          PRA Group £8700
                          • Originally Barclaycard not Egg or Goldfish
                          • Type of account credit card
                          • Date original CCA commenced May 1999
                          • Sold to PRA 13/12/2017
                          • Date last paid to PRA 01/08/2018 £130.59 via Stepchange
                          • Date last payed full contactual amount : Feb 2017 via Stepchange
                          • PPI No
                          • Notes : CCA requested and original signed agreement from 1999 has been produced but Niddy deems UE

                          PRA Group £5800
                          • Originally MBNA
                          • Type of account Plat credit card
                          • Date original CCA commenced August 2016
                          • Sold to PRA December 17
                          • Date last paid to PRA 01/08/2018 £92.72 via Stepchange
                          • Date last payed full contactual amount : Feb 2017 via Stepchange
                          • PPI No
                          • Notes : CCA requested and original letter back to state debt is currently unenforcable

                          Comment


                          • #73
                            Originally posted by philyabootz View Post
                            I have started to recieve a few missed calls from the PRA group

                            I presume it will be to set up a payment plan etc

                            What shall I do in relation to the next steps with them as both debts are deemed UE either by PRA group letter (MBNA) or Niddy from the forum (Barclaycard)

                            Thanks (summary below)

                            Phil



                            PRA Group £8700
                            • Originally Barclaycard not Egg or Goldfish
                            • Type of account credit card
                            • Date original CCA commenced May 1999
                            • Sold to PRA 13/12/2017
                            • Date last paid to PRA 01/08/2018 £130.59 via Stepchange
                            • Date last payed full contactual amount : Feb 2017 via Stepchange
                            • PPI No
                            • Notes : CCA requested and original signed agreement from 1999 has been produced but Niddy deems UE

                            PRA Group £5800
                            • Originally MBNA
                            • Type of account Plat credit card
                            • Date original CCA commenced August 2016
                            • Sold to PRA December 17
                            • Date last paid to PRA 01/08/2018 £92.72 via Stepchange
                            • Date last payed full contactual amount : Feb 2017 via Stepchange
                            • PPI No
                            • Notes : CCA requested and original letter back to state debt is currently unenforcable
                            Make a Note of time and date of these calls.
                            Do not enter into any discussion on these and especially at the phone.
                            We have all experienced this and with UE Silence is the Golden Rule.

                            Comment


                            • #74
                              Originally posted by Roger View Post

                              Make a Note of time and date of these calls.
                              Do not enter into any discussion on these and especially at the phone.
                              We have all experienced this and with UE Silence is the Golden Rule.
                              I just wait for them to write to me then and then seek advice on the forum?

                              Thanks

                              Comment


                              • #75
                                Originally posted by philyabootz View Post

                                I just wait for them to write to me then and then seek advice on the forum?

                                Thanks
                                There is a harassment AAD letter if these become a nuisance!

                                Comment

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