Philyabootz UE diary (please help)

[philyabootz]

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

[philyabootz]

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

[Roger]

The OC is the Original Creditor!

[philyabootz]

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

[Roger]

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?

[philyabootz]

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

[philyabootz]

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

[philyabootz]

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

[Roger]

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!

[philyabootz]

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

[Roger]

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.

[philyabootz]

Hi all

So after months of hearing nothing from Intrum group they have now written to me with a copy of my original signed agreement which has been signed by both myself and my wife. I have dated the agreement at point of signing but my wife hasn't? I don't know if this has any baring

They have stated in the letter that this fulfils their obligations under section77/79 of the CCA 1974.

The letter also states I have 14 days to contact them to discuss repayment

Please help as not sure what to do next.....?

Many Thanks

Summary Below

Diana Mayhew

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

[philyabootz]

Could this account have been opened before 2011, and how was it opened (online, postal invitation etc)?

Di

Im pretty confident this was opened in 2011 and would have been an online application via there website

Look forward to hearing your opinions on the 4 debts soon

Thanks Di

Phil



Original Questions and Responses:

When did you last make the full monthly payment and was there PPI involved?

I stopped paying the full contactual amount to Tesco loan when I agreed/set up a debt plan with Stepchange in February 2017. There was NO PPI involved.

[philyabootz]

When you say this loan was "restructured" from original Tesco loan, do you mean it was a consolidation loan of the old loan with perhaps a top-up?

I assume you're still waiting for a response to your s 77-79 CCA Request from Intrum so post up when you hear anything.

Di

Yes the latest Tesco loan was a consolidation loan of the old loan with a top-up of £2500 from the original one

Yes I am still waiting for a response from the CCA request from Intrum




Previous Questions and Responses:

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

[philyabootz]

Have you heard anything further from PRA about this ex-MBNA Platinum credit card account which you say was opened two years ago?

Di

I have only received 1 letter from PRA group after my CCA request stating at this point they deemed the debt UE



Previous Questions and Responses:

Do you remember how you opened this MBNA credit card account? Was it online or in response to an invitation letter, or a promotion you signed up for in a store car park etc? Was it a MBNA card or was it a branded card

I opened the MBNA Plat Credit Card with a Limit agreed of £7900 completed online in August 2016. It was MBNA card

I can't see when you last paid the full contractual monthly amount so when was that?

I stopped paying the full contactual amount to MBNA when I agreed/set up a debt plan with Stepchange in February 2017

From the dates you posted it looks as if the account may have only been live for just over a year. Was it started for any particular reason such as a balance transfer offer?

I opened and used it to 0% transfer a balance from another credit card onto it

Would there have been PPI on this one?

No