Simonjp77 Start of my Diary!

[Simonjp77]

Hi,

Starting down the route of checking the enforceability of my debts, have sent letters out to all the owners of my debts, and awaiting return.

1st one back is as follows:

Type of account: Loan
Date commenced: 2/7/2013
Approx balance: £6670.56
Date last paid: 29/7/2015
Currently not paying as have moved from StepChange DMP to self Managed and they have not provided any payment details.
Status: Default (28/5/2015)
Account Owner: Ratesetter

CCA request was sent 25/9/18, reply received dated 28/9/18

How can I get this checked to see if it is enforceable?


UPDATE: Niddy has replied as enforceable, oh well!

Until they provide the details of where they want me to pay they wont be getting anything anyway!

Regards

Simon

[The Tech Clerk]

webmaster@all-about-debt.co.uk send to him do not scratch anything out as he is the only person to see them

[Simonjp77]

Thanks the Tech Clerk

Have sent that over to him. Well what they sent anyway!!

[The Tech Clerk]

Only the CCA1974s?????????/ to him nothing else

[Simonjp77]

Sorry. Didn’t make myself clear. Yes have sent over the info received from ratesetter in response to my request, and a link to this thread and my forum id

[The Tech Clerk]

ok cca

[Warwick65]

Hi
Can I just check, when was the last payment of any kind made? Was that in 2015 or was that the last time you made a full payment?

[Simonjp77]

Hi Warwick65,

Last full contracted payment was in 2015, have been paying a lower amount via stepchange since, have now moved to self managed DMP and am not currently paying them anything as they have failed to provide me with their bank account details despite asking.

[Simonjp77]

Hi,

Starting down the route of checking the enforceability of my debts, have sent letters out to all the owners of my debts, and awaiting return.

1st one back is as follows:

Type of account: Loan
Date commenced: 2/7/2013
Approx balance: £6670.56
Date last paid: 29/7/2015
Currently not paying as have moved from StepChange DMP to self Managed and they have not provided any payment details.
Status: Default (28/5/2015)
Account Owner: Ratesetter

CCA request was sent 25/9/18, reply received dated 28/9/18

How can I get this checked to see if it is enforceable?


18/10/18 UPDATE: Niddy has replied as enforceable, oh well!

Until they provide the details of where they want me to pay they wont be getting anything anyway!

Regards

Simon

Update above

[Warwick65]

As the loan was from 2013 in all honesty it is likely the cca request would look enforceable. However, there is an awful lot more to being able to enforce in court as many a debt purchaser has found out to their cost. There are things like; default notices not being compliant and served correctly, assignment issues where when the debt is sold on they fail to produce evidence that proves they have the right to take court action, licencing issues, it seems some debt purchasers aren't actually licenced by the FCA so can not carry out regulated activity (That is often a complex legal argument and for me best left to the experts). There are other things that can be put right but sometimes only if the claimant knows about it in time- hence not telling them what they have done incorrectly or not done at all.

All is not lost but be prepared you may need to have a repayment plan. They best case scenario would be the original creditor sells it on - lets hope they do

[Simonjp77]

Thanks Warwick

The debt is still with the original provider(ratesetter), probably the reason for the very swift reply to the cca. Didn't expect it to be unenforceable, was just a case of ticking all the boxes and a little hope!

They have still not replied with their banking details for me to make payments since I informed them I was going self managed. Until they do they wont be getting anything anyway! Maybe they will sell it on soon, lets hope!

[Simonjp77]

Update.

2nd CCA reply back

Type of account: credit card

Date commenced: 23/6/1999

Approx balance: £311.26

Date last paid: 29/7/2015

Currently paying £1 as token payment on self Managed DMP.

Status: Default (28/10/2015)

Account Owner: Intrum (was Tesco credit card)

CCA request was sent 25/9/18, reply received dated 28/11/18

They have provided a copy of all statements since

01/1/2015 and a badly copied/scanned form that looks like the original signup form.

Sending of to niddy to see what he thinks.

[The Tech Clerk]

webmaster@all-about-debt.co.uk send CCA1974