Philyabootz UE diary (please help)

[philyabootz]

Hello everyone, this is my first post so bare with me...

I entered into a debt management plan with step change over a year ago for a total debt of £40k

The original debts were to Tesco Loan £24k, Tesco CC £2k, Barclaycard £8k and MBNA CC £6k

I currently owe 2 debts to Intrun group £24k and £2k and 2 debts to PRA group £6k and 8k

The above debts were sold to the PRA and Intrun group in January this year and I have not missed any payments via step change (£407pm total)

I have asked for CCA agreements over 2 months ago and so far only PRA group have come back to me stating they have CCA for one of the debts (8K) but have confirmed they haven't as yet got CCA for the other debt (6K) and is so far UE

The debt for £8k (originally Barclaycard) was taken out in 1999 and they have provided me with a copy of my original signed agreement to the credit card. I have no idea where I legally stand on this one now or the best action to take?

As for my other debt with PRA group (6k) do I just now wait until they contact me again and in the interim stop the payments via step change?

The 2 debts with Intrun they have confirmed that they have received my CCA request letter and have cashed in the 2 cheques I sent for £1 but no letter has been sent to me for either debt

When I rang them for an update they were very non comittal

I just don't know what to do for the best next and feel a bit in limbo with it all?

Any help/advice would be appreciated, I don't mind paying a bit for legal assistance if anyone thinks this will help m

Thanks in advance

Phil

[The Tech Clerk]

send the copy of all CCA you may have not redacted to:- webmaster@all-about-debt.co.uk refer him to this thread


pays to start a diary for each debt (for ease of reference)

[The Tech Clerk]

Do NOT ring these call centre jockeys, ask here before sending letters etc everything in writing , look around site and follow others story/actions, but a diary read

@ Warwick

Diana Mayhew

[Warwick65]

Hi
I am guessing- correct me if I am wrong, the tesco loan is quite recent ?

As the tech clerk says - please keep off the phones, keep everything in writing. If they phone you up do not engage with them and then send them a letter saying you will only communicate in writing.

It is hard at this point to advise what to do, see what Noiddy says about the Barclaycard CCA- by the way was it always a Barclaycard or was it something else before hand - I know they bought Egg and also Goldfish at some points in the past
Just because there is a signed application form doesn't mean the debt is enforceable

[philyabootz]

Thanks for the replies

Diary from today 28/07/2018 : Joined all about debt forum with first post and summary below

My outstanding debts are detailed as follows :

• 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 01/07/2018 £130.59 via Stepchange
• Notes : CCA requested and original signed agreement from 1999 has been produced

• PRA Group £5800
• Originally MBNA
• Type of account credit card
• Date original CCA commenced August 2016
• Sold to PRA December 17 I think?
• Date last paid to PRA 01/07/2018 £92.72 via Stepchange
• Notes : CCA requested and original letter back to state debt is currently unenforcable

• Intrum Group £23600
• Originally Tesco Loan
• Type of account : Loan
• Date original CCA commenced Unsure
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/07/2018 £158.88 via Stepchange
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

• Intrum Group £1600
• Originally Tesco Credit Card
• Type of account : Credit Card
• Date original CCA commenced Feb 2011 I think
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/07/2018 £24.81 via Stepchange
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

[philyabootz]

send the copy of all CCA you may have not redacted to:- webmaster@all-about-debt.co.uk refer him to this thread


pays to start a diary for each debt (for ease of reference)

Thanks for the advice. I am just going to scan over the documents I have been sent to that email now

[philyabootz]

Hi
I am guessing- correct me if I am wrong, the tesco loan is quite recent ?

As the tech clerk says - please keep off the phones, keep everything in writing. If they phone you up do not engage with them and then send them a letter saying you will only communicate in writing.

It is hard at this point to advise what to do, see what Noiddy says about the Barclaycard CCA- by the way was it always a Barclaycard or was it something else before hand - I know they bought Egg and also Goldfish at some points in the past
Just because there is a signed application form doesn't mean the debt is enforceable

Thanks for the message.

The Tesco Loan was since 2012 but I need to dig out the original paperwork to check the exact date? Does the date make a big difference?

The other debt was with Barclaycard right from the start

I have sent a copy of the CCA forwarded to me from PRA Group for webmaster@all-about-debt.co.uk to have a look over

Thanks

[philyabootz]

Am I best to stop my Stepchange arrangement and self manage the debts?

Shall I just make a token payment i.e £1 to the debts that have not confirmed CCA so are currently UE?

What should do about the PRA debt (Barclaycard) in the interim period until I know if it enforceable?

Many Thanks

[Still Waving]

Hi

To answer your questions -

If you are intending to go down the UE route then you will need to cancel the Stepchange arrangement, as they will not have anything to do with that.

We don't know what sort of level of payment you are making to creditors at the moment, but if it is significantly above £1, then there is no point in reducing to £1 as they will likely start to chase you before long if you do. You might as well stop paying altogether rather than £1.

You could perhaps hang fire until you get Niddy's opinion on the agreement sent.

[Warwick65]

It is a generalisation but the more recent the debts the more likely they are to be enforceable. The industry has become much smarter at making agreements legally compliant. Additionally since 2007 the need for the agreement to be fully compliant has gone, now , in effect as long as they can show you had the money and have been paying it back that is sufficient proof.

However, that doesn't mean all post 2007 debts are enforceable because there are other regulatory notices that must be complied with , the simplest one is the default notice which must be set out in a certain way and include certain words and accurate figures and dates. The person to speak to , should the worst happen and yoy get a claim is Diana Mayhew who is on this forum and works for the wonderful Joanna Connolly solicitors - I should add they helped me defeat a claim against me for 5K where arguably the CCA request was fulfilled, the agreement was compliant BUT they had not sent me a default notice.

As for managing the debt yourself, if it were me I would be doing that . I don't trust people like stepchange because they are funded by the debt industry and I feel there is a conflict of interest. I have no evidence to prove that however. Again I am surprised at the figures for your DMP because usually debts are repaid pro rata and you are paying relatively much less to the big loan than say the other debts of that makes sense.

If you do it yourself, work out what your disposable income is 0 do this very carefully and honestly , then add up all your debts you are repaying and calculate pro rata payments so for sake of argument is one debt was 10K and another 20K the 10K debt would get half the money of the 20K debt,

BUT whilst i would include all the debts in the calculation I would not be paying any that have not complied with your CCA request or if the agreement is unenforceable as I suspect the barclaycard one might be ( see what Niddy says)

It is a difficult 'game' to play and can take up some time , when I started with 20 odd debts it felt almost like a full time job with letters arriving seemingly daily but now, six years on I can't remember the last letter I got

Final suggestion- if you do it yourself, keep copies of all letters sent and received. I used to scan and number them and store in google drive along with keeping the hard copy - there are multiple free cloud storage facilities out there, google, onedrive, icloud, dropbox.

I hope that helps and gives you encouragement
#
Diana Mayhew

Hopefully Di will look in and if pertinent add any other thoughts

[Warwick65]

Oh to add- if you do stop paying, try, if possible to keep the money in a war chest so if they get heavy and you need to you can start paying again without too much hardship.

[Warwick65]

Hi



We don't know what sort of level of payment you are making to creditors at the moment, but if it is significantly above £1, then there is no point in reducing to £1 as they will likely start to chase you before long if you do. You might as well stop paying altogether rather than £1.

You could perhaps hang fire until you get Niddy's opinion on the agreement sent.

We do know, Phil has said in their Diary how much they are paying.

If it were me I would stop paying for now those that have not complied with the CCA request and if they write just respond with a ' you are in default of my lawful S77-79 request copy enclosed. Once you have satisfied me of the validity of this account I will be in touch'

That is just my opinion though

[Still Waving]

We do know, Phil has said in their Diary how much they are paying.

I stand corrected. Having seen the figures, my point is reinforced.

[The Tech Clerk]

we are here to assist people, might be an idea to start a thread for discussions and differences all in one place, sure the poster would appreciate assistance not difference of opinions which go on and on?

[philyabootz]

Thanks for the message.

The Tesco Loan was since 2012 but I need to dig out the original paperwork to check the exact date? Does the date make a big difference?

The other debt was with Barclaycard right from the start

I have sent a copy of the CCA forwarded to me from PRA Group for webmaster@all-about-debt.co.uk to have a look over

Thanks

29/01/2018 Update

Webmaster has emailed twice with the CCA agreement pics and paperwork from PRA and he deems it still UE in his opinion

So I have 4 debts in total with one deemed UE and the other 3 no responses as of 6 weeks in