DMP and CCA diary (SpagBol.)

[SpagBol.]

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

Thanks NW. When we started the DMP last year we stopped payments for a month or two then offered reduced payments and all of the accounts are now defaulted.

Unfortunately I have mislaid the recorded post chitties for the CCA requests so I'm not sure I have a leg to stand on with the ones that haven't replied! I will search the house this weekend!!

I suppose I'm confused because I feel like I've already done that first stopping bit and agreed the payments and now I feel a bit bad about that.

I have a small lump sum set aside (£2.5k) so would like to try and get some of the smaller ones F&F and maybe one of the larger ones then concentrate on the DMP from start of next year with fewer than 14 accounts! But I need to keep some of that as a rainy day pot for when things break etc. as that's our only savings pot.

I really do appreciate the hand-holding.

[SpagBol.]

Hi Warwick, I agree completely we are jointly liable but I've got a feeling they've put the joint one in full on both of our other accounts.

When we started the DMP we kept them all separate for offers for payments, they lumped them together after they passed them to the DCA.

[nightwatch]

Thanks NW. When we started the DMP last year we stopped payments for a month or two then offered reduced payments and all of the accounts are now defaulted.

Unfortunately I have mislaid the recorded post chitties for the CCA requests so I'm not sure I have a leg to stand on with the ones that haven't replied! I will search the house this weekend!!

I suppose I'm confused because I feel like I've already done that first stopping bit and agreed the payments and now I feel a bit bad about that.

I have a small lump sum set aside (£2.5k) so would like to try and get some of the smaller ones F&F and maybe one of the larger ones then concentrate on the DMP from start of next year with fewer than 14 accounts! But I need to keep some of that as a rainy day pot for when things break etc. as that's our only savings pot.

I really do appreciate the hand-holding.

If you have a copy of the letter sent, then that can be used as proof, that you sent a request, so you stop payments, see what they send to you and we help you decide what to do next,

do not feel sorry for them when stopping payments again, if an account is UE they know they cannot force you to pay it, but will try their hardest to get you to pay up,
If any accounts are sold on the buyer has paid very little for them and, the original creditor has claimed a tax loss on the money owed, they are both winners.

I know it is difficult at the out set, but any UE debts not being paid can put more money in your pot for any that we can't help with, which may be fewer than you think

Have a nice weekend xxx

[SpagBol.]

No 4: MBNA / PRA Group

• Type of account - credit card
• Date commenced (ideally before April 2007)- 23/2/17
• Approx balance- £7700
• 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)- ~PRA Group, they have just purchased it. We sent the CCA to them.

We are on a self managed DMP, CCA requests sent 18/9/18, got a response 21/9/18 to say the account is on hold until further notice whilst they find the information.

OH has a noddle account and MSE credit club which I have looked at, the MBNA account has come up as closed on both but PRA have appeared as a debt on the credit club (nothing on Noddle yet but that does seem to be a few months behind with updates) - 14/10/18

Received a letter stating PRA believe this debt to be unenforceable but they would still like the payments: 20/10/18

Had a letter from PRA with a couple of card statements attached, they basically say they are awaiting further documents to complete my request but they currently deem the debt as unenforceable. They then go on to say that they would of course still like the payments.

So until they send this further information, am I right that I can stop the payments and put the money aside, without really needing to respond to this letter stating my intentions?

[SpagBol.]

If you have a copy of the letter sent, then that can be used as proof, that you sent a request, so you stop payments, see what they send to you and we help you decide what to do next,

do not feel sorry for them when stopping payments again, if an account is UE they know they cannot force you to pay it, but will try their hardest to get you to pay up,
If any accounts are sold on the buyer has paid very little for them and, the original creditor has claimed a tax loss on the money owed, they are both winners.

I know it is difficult at the out set, but any UE debts not being paid can put more money in your pot for any that we can't help with, which may be fewer than you think

Have a nice weekend xxx

Thanks Nightwatch, I do feel really bad about the whole thing and regret the entire financial pickle we find ourselves in but you are right, I should look at things from a different perspective sometimes!

Hope you had a good weekend too

[SpagBol.]

We've received some documents from PRA now, will scan in and send to Niddy...

[SpagBol.]

I've had two more CCAs through so have scanned and sent to Niddy. Still haven't heard from several of our creditors at all, two months on.

[nightwatch]

Did Niddy reply to the ones you sent to him last month?

It may take a while for the creditors to catch on that you haven't paid them.

[SpagBol.]

Did Niddy reply to the ones you sent to him last month?

It may take a while for the creditors to catch on that you haven't paid them.

Yes, unfortunately they were enforceable!

I've just sent another I received today but it was a funny response and about an overdraft so I'm not sure. Basically said they didn't have an agreement to send me but please keep paying.

[SpagBol.]

Hello everyone. A small update, we have requested the CCAs from Wescot who are looking after 6 of our 14 debts. They acknowledged the request in November 2018 for all of the accounts. 3 of the accounts are now showing on all of our credit reference reports as zero balance and satisfied, in the closed or defaulted section depending on the site. Does this mean they have just temporarily reported them as £0 whilst waiting for the CCA info or has this cleared the debt because they can't find the info? Just confused that it has happened with only half of the accounts. We haven't received anything in the post. I have skipped payments for these accounts this month but I am curious! Thanks in advance.

[Warwick65]

Who is reporting them as the owner - it should say and I doubt if it will be Wescot. What it most likely means is that the debts have been sold on so to the old owner the debt is 'satisfied' but at some point the new owner will report it with the balance. They should also write to you so I would expect letters soon to say the debt has been sold.

I may be wrong but that is often what happens, I know when Cap 1 sold my debt to Lowell , Cap 1 showed it as satisfied while Cap 1 showed it as owing.

One thing to note, the default date should not change

[SpagBol.]

Who is reporting them as the owner - it should say and I doubt if it will be Wescot. What it most likely means is that the debts have been sold on so to the old owner the debt is 'satisfied' but at some point the new owner will report it with the balance. They should also write to you so I would expect letters soon to say the debt has been sold.

I may be wrong but that is often what happens, I know when Cap 1 sold my debt to Lowell , Cap 1 showed it as satisfied while Cap 1 showed it as owing.

One thing to note, the default date should not change

Hi thanks for your reply, each one is reporting as the original debtor i.e. Bank of Scotland or Halifax.

I have had this once before with MBNA but the PRA debt showed up on the credit report (a different one so looked on Noddle with nothing there but then it showed when I logged into the MSE credit club) so I knew it had been sold, these were updated in December but no other owner has appeared on any of the other credit reports.

I have skipped the payments and will wait a couple of months to see if any letters come through!

[DNW]

Hi SpagBol. , just wondered how you're getting on these days. I hope you're not having too many hassles.