DMP and CCA diary (SpagBol.)

[SpagBol.]

No 14: Natwest (mine)

• Type of account (overdraft)
• Date commenced (ideally before April 2007) 10/11/97
• Approx balance £350 + 650 together ish
• Date last paid (approximate date you last made a FULL payment) oct 17
• Are you on arrangement or not paying- 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) Moorcroft

Moorcroft sent a response to the CCA request saying it was exempt as it is an overdraft.

They have combined the overdrafts from my old Natwest account and the joint account with my husband which I think is a bit dubious. We have yet to establish if they've added the joint account to his personal account/charge card too!

We are on a self-managed DMP, CCA requests were sent out 18/9/18

[SpagBol.]

Phew, that's all of them! I will now email the two responses I've had to the email address given above.

Thanks again, everyone!

[nightwatch]

No 14: Natwest (mine)

• Type of account (overdraft)
• Date commenced (ideally before April 2007) 10/11/97
• Approx balance £350 + 650 together ish
• Date last paid (approximate date you last made a FULL payment) oct 17
• Are you on arrangement or not paying- 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) Moorcroft

Moorcroft sent a response to the CCA request saying it was exempt as it is an overdraft.

They have combined the overdrafts from my old Natwest account and the joint account with my husband which I think is a bit dubious. We have yet to establish if they've added the joint account to his personal account/charge card too!

We are on a self-managed DMP, CCA requests were sent out 18/9/18

lets hope they have, it's a problem for them.

Have a good weekend x

[SpagBol.]

lets hope they have, it's a problem for them.

Have a good weekend x

Thanks, so maybe next step with Natwest is trying to establish exactly where each debt has come from?

We had a personal account each with them and a joint account, each with an overdraft. DH had a charge card on his account which was a credit card but had to be paid in full every month. His card debt was then added to the overdraft (which made it 15x bigger!) on his account. "My" overdrafts are combined. Should they not have halved the joint account OD or sent a separate account to the DCA in both our names?

CCA requests were sent out 18/9 and I haven't had responses from quite a few places. Should I now send the follow up letters? Is there a good one I should use?

Also we need to remind Tesco we don't need to send a signature...

Thanks again!

[cymruambyth]

Do not remind anyone that they have failed to comply; whilst they are in default of your request the accounts are unenforceable.

I think you will find that the Nat West is also UE, by combing they have created a new account with no agreement.

[SpagBol.]

Do not remind anyone that they have failed to comply; whilst they are in default of your request the accounts are unenforceable.

I think you will find that the Nat West is also UE, by combing they have created a new account with no agreement.

Thanks that's useful. I agree it seems suspect and even though we are dealing with our debts completely jointly, I do object to being given the joint one!

So shall we just continue to pay the ones that haven't responded or sent information yet our arranged reduced amounts by standing order or stop them or drop to £1 payments until they respond? Or are any of the above options acceptable?

I'm happy to make the payments but if the best way to make them reply is to stop then I'm happy to do that too. I don't want to upset the applecart of the DMP going forward but don't want to do the wrong thing. With 14 of them, I'd like to get things moving if that makes sense because it is a lot of admin (and worrying!)

If I've had a letter e.g. from PRA saying until they get the information the account is on hold and there will be no further collection activity, should I skip the standing orders until they send the CCA? They wrote this but then sent a leaflet in the same envelope saying I still have to pay, I'm quite confused because the account has already defaulted!

[cymruambyth]

It is your decision as to whether you pay. When my accounts failed to respond I stopped paying as they could not be enforced. If you decide to do this expect an increase in mail with many ‘variations on the law’; you could always put the money by in case it is needed. The debts cannot become statute barred (SB) while they are still being paid or acknowledged.

[SpagBol.]

No. 3: Barclaycard (OH)

• Type of account: credit card
• Date commenced: 7/3/2008
• Approx balance: £5200
• Date last paid (approximate date you last made a FULL payment): Oct 17
• Are you on arrangement or not paying: 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 barclaycard.

This is the one that sent the reconstituted ~CCA so I'll email to the address you've given above once I've scanned it in.

We are on a self managed DMP, CCA requests sent 18/9/18

Niddy thinks unenforceable 15/10/18

Thank you Niddy for the response, it looks unenforceable... so what are the next steps for this one?

My DMP payment date was yesterday so everything went out to all the accounts. I'm not sure where to go from here, especially the ones that haven't even bothered replying!

[SpagBol.]

No 14: Natwest (mine)

• Type of account (overdraft)
• Date commenced (ideally before April 2007) 10/11/97
• Approx balance £350 + 650 together ish
• Date last paid (approximate date you last made a FULL payment) oct 17
• Are you on arrangement or not paying- 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) Moorcroft

Moorcroft sent a response to the CCA request saying it was exempt as it is an overdraft.

They have combined the overdrafts from my old Natwest account and the joint account with my husband which I think is a bit dubious. We have yet to establish if they've added the joint account to his personal account/charge card too!

We are on a self-managed DMP, CCA requests were sent out 18/9/18

I would like to ask Moorcroft how they came to the sum of £1025 owing when I had a personal overdraft and a joint overdraft. I would like to ask why they gave all of the joint overdraft to me.

They stress in their letter they are not seeking to enforce an agreement and have only asked that payment is made to an outstanding debt. So not sure what the debt is classified as?

Could anyone help with the wording of a letter please?

I'm thinking along the lines of:

Dear Natwest,

I received your reply regarding my account (ref) and that you say it is excluded from compliance with part V of the CCA 1974.

I did not have an overdraft for £1025 with Natwest and so will need to see a copy of the agreement as to where the £1025 has come from. Until that time the debt will be in dispute.

Many thanks etc.

Spagbol.

I'm not very good at putting things into words! I just want to know how they've come to this amount as the small ones I'd like to offer F&F settlements and get rid of to concentrate on the big ones.

Or should I just be brave, cancel the standing order and wait for the fallout?

[nightwatch]

if you want to pay or not is something only you can decide.
we don' make that decision for you,
one thing I will say is IF you carry on paying they have no need to send you a CCA, what would be the point, they will just keep asking for payment and you will just pay up,

A CCA request is so you can see where you stand for offering payments or not.
If a debt is Unenforceable then why carry on paying it, they can ask for payment, but cannot take enforcement action, (court) without proof that it is yours . no CCA no proof,
yes they may say but you had the money you spent it, so you must pay it back, a large ammount of what you are paying back will be interest and default charges,

so what a lot of people do is, stop payments, get the accounts defaulted, if they are not already, put the money aside so that if any come up with a valid CCA, start sending solicitors letters. you then
A have us at hand to help with replies
B, some money for a F&F, or
C, can go back to offering payments

this is why we ask so many questions, so we can see where you stand and say what I or others have done or worked for us, it is then up to you what road you follow
What ever you decide we are here to offer help

NWx

[nightwatch]

I would like to ask Moorcroft how they came to the sum of £1025 owing when I had a personal overdraft and a joint overdraft. I would like to ask why they gave all of the joint overdraft to me.

They stress in their letter they are not seeking to enforce an agreement and have only asked that payment is made to an outstanding debt. So not sure what the debt is classified as?

Could anyone help with the wording of a letter please?

I'm thinking along the lines of:

Dear Natwest,

I received your reply regarding my account (ref) and that you say it is excluded from compliance with part V of the CCA 1974.

I did not have an overdraft for £1025 with Natwest and so will need to see a copy of the agreement as to where the £1025 has come from. Until that time the debt will be in dispute.

Many thanks etc.

Spagbol.

I'm not very good at putting things into words! I just want to know how they've come to this amount as the small ones I'd like to offer F&F settlements and get rid of to concentrate on the big ones.

Or should I just be brave, cancel the standing order and wait for the fallout?

Please do not, point out their mistake in lumping the account together, this is your barganing chip further down the line.

if the smaller ones are UE why pay them at all, that money could go to clearing the larger Enforceable ones,

wait and see if Di comments on this later, NW

[DNW]

I don't know if it's still a 'thing' or not, but when I first started down the UE route 7 or so years ago, it was suggested to me that it may be wise have a current account away from any of my creditors due to the possibility of them being able to off-set funds held against debts owed to that particular bank. I don't know if they are still allowed to do this or indeed whether they ever do, but I found Co-Op bank offered basic bank accounts with no overdraft or cheque facilities - but who also didn't do a credit check for opening that account (we would've been turned down by most mainstream banks as we our credit rating was so poor). We transferred our wages and all essential bills to that account and wiped any small amounts of cash from other accounts.

[nightwatch]

quite right DNW, they still can off set fron your account to any debt owed to them

thanks for the reminder
NW

[Warwick65]

I would like to ask Moorcroft how they came to the sum of £1025 owing when I had a personal overdraft and a joint overdraft. I would like to ask why they gave all of the joint overdraft to me.

They stress in their letter they are not seeking to enforce an agreement and have only asked that payment is made to an outstanding debt. So not sure what the debt is classified as?

Could anyone help with the wording of a letter please?

I'm thinking along the lines of:

Dear Natwest,

I received your reply regarding my account (ref) and that you say it is excluded from compliance with part V of the CCA 1974.

I did not have an overdraft for £1025 with Natwest and so will need to see a copy of the agreement as to where the £1025 has come from. Until that time the debt will be in dispute.

Many thanks etc.

Spagbol.

I'm not very good at putting things into words! I just want to know how they've come to this amount as the small ones I'd like to offer F&F settlements and get rid of to concentrate on the big ones.

Or should I just be brave, cancel the standing order and wait for the fallout?

Remember moor croft are only debt collectors and not debt purchasers so they may well lump all accounts together. An example was I had three provident loans that were all lumped together but when I sent a CCA request , three agreements came back- all UE as it happens as they had not sent copies of what was on the back of the form

Just a comment about the joint overdraft- it is most likely the case that you and the other party are jointly and severally liable i.e you are both liable for all the debt so if they can't get it off one, they can chase the other

[SpagBol.]

I don't know if it's still a 'thing' or not, but when I first started down the UE route 7 or so years ago, it was suggested to me that it may be wise have a current account away from any of my creditors due to the possibility of them being able to off-set funds held against debts owed to that particular bank. I don't know if they are still allowed to do this or indeed whether they ever do, but I found Co-Op bank offered basic bank accounts with no overdraft or cheque facilities - but who also didn't do a credit check for opening that account (we would've been turned down by most mainstream banks as we our credit rating was so poor). We transferred our wages and all essential bills to that account and wiped any small amounts of cash from other accounts.

Hi DNW, we did this before we started the DMP and have had a year of banking with Nationwide with no problems.