DMP and CCA diary (SpagBol.)

[SpagBol.]

Hello AAD, I've been using moneysavingexpert for many years as SpagBol and a year ago started a self-managed DMP to try and get to grips with £80k between me and my husband.

We have just started (a month or so ago) sending CCA requests to our 14 debtors. I was recommended to try on this forum as you have so many experts.

I have had a few responses from debtors refusing as they were not signed so will write back to those. One is exempt as an overdraft.

I have had a full response from Sainsburys with a signed CCA so that is fine.

Barclaycard have sent a reconstituted agreement which I'm not sure about, on MSE forum it says reconstituted with no signature is fine but I'm a bit confused to see what in the paperwork is proof of an agreement between them (this one is my husbands) as it only has his name and address.

Thanks in advance,

SpagBol.

[nightwatch]

Hello and welcome,
we are a mine of usefull ( and useless) information.

1st off, A CCA request is for information only, so yes it is a fulfilment of a CCA request, BUT, If a DCA wants to take it to court then an original one should be available. It should also contain the T&C's from inception and T&Cs at time of termination, so to reconstitute it they must have the original,
I have found barclays lacking in a few things.
2nd Sainsburys, just because they have sent a signed agreement Does not always make it enforceable. there are many reasons for this, which, a lot of other forums don't mention,

we have a template letter to send for overdrafts ( na na na nah nah)

OK Now, can I ask you to make 14 seperate post's, for each of your 14 accounts, still in this thread ( this will become your diary) along the following lines

• 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 original lender or a debt purchaser)

Please add any relevent info under the information above, ie, who you had DMP with, when CCA was sent , reply received + when, then post it,(received CCA requests, should be sent to Niddy)

webmaster@all-about-debt.co.uk
with a link to this diary, do not blank anything out, only Niddy will see it, he will say if it is enforceable or not,

as you receive other information, go back to the post it is for , click edit, add the info and save it, then click quote and either state , update, or ask a question. then post it,

sorry it sounds like being back at school, but I hope you understand that with us helping so many people, we need to be able to see what information we have to help you get further, without having to read back through every post in the Diary,

My Diary is 61 pages long, so if we didnt apply the above request, they would be there all day,

Please feel free to have a read of any of the Diarys to help get a feel of what can be done , also help you feel more at home,
If you decide to read mine
https://all-about-debt.co.uk/forum/d...-diary-of-debt
Please make yourself a large drink and a sandwich
again welcome to AAD and we all look forward to helping you

NIghtwatch (mrs)

[MisterK]

One thing I would add to that is don't be fooled into thinking that because they have sent you something that looks like it's enforceable or that they say is enforceable then it actually IS enforceable. You might well get a very different opinion here from Niddy and that's what counts, not what a creditor would like to think.
Not forgetting of course all the other issues which can make a debt unenforceable even if the CCA is good.

[Joanna Connolly Solicitors]

Hello AAD, I've been using moneysavingexpert for many years as SpagBol and a year ago started a self-managed DMP to try and get to grips with £80k between me and my husband.

We have just started (a month or so ago) sending CCA requests to our 14 debtors. I was recommended to try on this forum as you have so many experts.

I have had a few responses from debtors refusing as they were not signed so will write back to those. One is exempt as an overdraft.

I have had a full response from Sainsburys with a signed CCA so that is fine.

Barclaycard have sent a reconstituted agreement which I'm not sure about, on MSE forum it says reconstituted with no signature is fine but I'm a bit confused to see what in the paperwork is proof of an agreement between them (this one is my husbands) as it only has his name and address.

Hello SpagBol

I've been posting on your MSE thread (I'm "Just Di") so I'm familiar with your debt situation so far.

I think the way forward is to look at each of these debts in isolation since no two are alike.

A recon may pass the test in some situations but not in others.

A s 77-79 CCA Request is for 'information' purposes not 'proof purposes', so a debt owner may send you 'something' signed (or not) but that 'something' may not comply with other statutory requirements of the Act so the debt could still be unenforceable.

This is best illustrated in the case of Santander Cards (UK) Ltd v Diana Mayhew (me ) where you'll see from Paragraph 14 of the Judgment the DJ ruled that the Claimant had complied with my s 78 CCA Request even though what they produced was the credit agreement for a different product (my store card was subsequently 'transformed' into a credit card).

Read the Judgment and you'll see what I mean > http://www.bailii.org/ew/cases/Misc/2012/14.html

I look forward to helping you with your debt journey.

Di

[Joanna Connolly Solicitors]

One is exempt as an overdraft.

Not necessarily.

Was this an arranged overdraft facility which was renewed annually since 2012?

If so then s 78 CCA may apply.

Di

[Joanna Connolly Solicitors]

sending CCA requests to our 14 debtors. I was recommended to try on this forum as you have so many experts.

If you have 14 debts then it's easier for the forum to help if you make a separate post for each one using this format >

To help me, to help you, please provide the following information for each account:

• 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 original lender or a debt purchaser)

There are a numerous reasons for a debt to be unenforceable besides the credit agreement. For example the debt owner has to prove that they have title to the debt (actually own it in law) which is where assignment issues can cause them a problem especially if they've been assigned twice (more about that issue later).

Once you've made a post for each one of your and your husband's debts it'll be easier to suggest how to manage each one in a bespoke way, rather than generalise in a hypothetical way.

Di

[nightwatch]

If you have 14 debts then it's easier for the forum to help if you make a separate post for each one using this format >

To help me, to help you, please provide the following information for each account:

• 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 original lender or a debt purchaser)

There are a numerous reasons for a debt to be unenforceable besides the credit agreement. For example the debt owner has to prove that they have title to the debt (actually own it in law) which is where assignment issues can cause them a problem especially if they've been assigned twice (more about that issue later).

Once you've made a post for each one of your and your husband's debts it'll be easier to suggest how to manage each one in a bespoke way, rather than generalise in a hypothetical way.

Di

daja vu post 2

[Joanna Connolly Solicitors]

daja vu post 2

I admit there was an overlap, but I added the important need for knowing the type of account/financial product (credit card, loan etc) , and the date of the last full (i.e. contractual) payment, and deliberately excluded the Default date (there's a reason I did that).

Di

[nightwatch]

I admit there was an overlap, but I added the important need for knowing the type of account/financial product (credit card, loan etc) , and the date of the last full (i.e. contractual) payment, and deliberately excluded the Default date (there's a reason I did that).

Di

I am available to edit if need be x

[Joanna Connolly Solicitors]

I would add to that is don't be fooled into thinking that because they have sent you something that looks like it's enforceable or that they say is enforceable then it actually IS enforceable.

I'm not going to argue with that viewpoint

Di

[The Tech Clerk]

Hello! Spagbol welcome to AAD see you landed from elsewhere

[DNW]

Hi Spagbol, just wanted to welcome you here - I was a refugee from MSE too and so glad I was told of this place about 7 years ago. My debt total was a similar amount to yours (and included an overdraft) and I won't lie, it's not been easy at times (the first 2 or 3 years of my UE journey were about the worst), but I wouldn't change a thing now and I'm so glad I listened to the suggestions and advice of those here with a lot of wisdom.

My diary got a bit long winded, but if you wanted to have a look at the first couple of pages, you can get a good idea of timelines etc. https://all-about-debt.co.uk/forum/d...dnw-s-ue-diary

Good luck with it all

[SpagBol.]

Thank you so much everyone! What a warm welcome, you're all very kind.

I'm sorry I haven't replied sooner, I've been away with work for a few days but I'm off today so will try and get the 14 posts up over the course of the day.

Thanks for responding on here too, Di. I think it was you who told me to come on here!

Spag

[SpagBol.]

No 1: Tesco Bank (Other Half's account)

• Type of account- credit card
• Date commenced- June 2017 (this was a desperate mistake!)
• Approx balance- £900
• Date last paid (approximate date you last made a FULL payment) Oct 2017
• Are you on arrangement or not paying- arrangement (self managed DMP)
• Status (default/in arrears/up-to-date)- default
• Account owner (who is writing to you, a DCA or the original lender or a debt purchaser) Still with Tesco

They have written to me asking for a signature on the CCA request.

We are on a self managed DMP and sent the CCA request 18/9/18

[SpagBol.]

Hi Spagbol, just wanted to welcome you here - I was a refugee from MSE too and so glad I was told of this place about 7 years ago. My debt total was a similar amount to yours (and included an overdraft) and I won't lie, it's not been easy at times (the first 2 or 3 years of my UE journey were about the worst), but I wouldn't change a thing now and I'm so glad I listened to the suggestions and advice of those here with a lot of wisdom.

My diary got a bit long winded, but if you wanted to have a look at the first couple of pages, you can get a good idea of timelines etc. https://all-about-debt.co.uk/forum/d...dnw-s-ue-diary

Good luck with it all

Thank you DNW, I will have a look at your diary too. I can't believe we haven't borrowed a thing for a year. First time I can say that in my adult life I think!