Ash28's Diary

[ash28]

Hi

This is a new diary, I have 2 creditors and am in the process of setting up a self-managed DMP but before I start I would be interested to know whether the CCAs are enforceable/unenforceable as it will probably change the way I go forward if they are unenforceable. I’ve been paying the minimum payment for years and it’s just become too much, especially when Capital One put the minimum payment up by £100 per month. Barclaycard will review in a year or so but I expect the minimum payment for them to go up from £300 to around £500 a month….eek!

Barclaycard: credit card opened 7/1/98
Balance: £13,156
Last full payment: November 2018
Paying/Not Paying: Not Paying
Status: One month in arrears
Account owner: Barclaycard

Capital One: credit card opened 26/06/2000
Balance: £3804
Last full payment: November 2018
Paying/Not Paying: Not Paying
Status: One month in arrears
Account owner: Capital One

[ash28]

Barclaycard: credit card opened 7/1/98
Balance: £13,156
Last full payment: November 2018
Paying/Not Paying: Not Paying
Status: One month in arrears
Account owner: Barclaycard

Holding letter sent 10/12/2018
CCA request sent 13/12/2018
Response to holding letter received 15/12/2018
CCA received 04/01/2019
CCA emailed to Niddy: 9/01/2019

Niddy: CCA probably unenforceable 10/01/2019

[ash28]

Capital One: credit card opened 26/06/2000
Balance: £3804
Last full payment: November 2018
Paying/Not Paying: Not Paying
Status: One month in arrears
Account owner: Capital One

Holding letter sent 10/12/2018
CCA request sent 13/12/2018
Response to holding letter received 13/12/2018
CCA received 22/12/2018
CCA emailed to Niddy: 9/01/2019


Niddy: CCA looks uneforceable 10/01/2019

[The Tech Clerk]

send CCA to webmaster@all-about-debt.co.uk linking this thread

[Warwick65]

AS the accounts are both old there is a good chance they may not have the paperwork or the agreement will be unenforceable however only a court can finally rule on that. However, if you want to start the UE journey Niddy's view will be invaluable

I am assuming neither account has been defaulted yet - no S87(1) Default notice. If you do get one make sure you keep it and the envelope . In fact make sure you keep all correspondence

This is what I do
All letters/ emails both sent and received are kept as a hard copy in a a file. I do not usually send emails ( sometimes I will send one with attachments and say hard copies are in the post).
Then all letters are scanned and kept on my computer but also in google drive . That way if one goes I have at least another copy.

In the digital file I number the documents and name them so I know what they are eg - 1) CCA Request 2, Proof of delivery 3 CCA response 4) Threatening letter

Saves a whole heap of effort if you need to pass them on to a solicitor , when I instructed Joanna Connolly I was just able to share the contents of my google drive folder

[ash28]

send CCA to webmaster@all-about-debt.co.uk linking this thread

Hi Tech Clerk,

Thanks for replying, I emailed the CCAs this afternoon but I didn't link the thread I just put my diary title in the email.....I can resend if I have to.

cheers

[ash28]

AS the accounts are both old there is a good chance they may not have the paperwork or the agreement will be unenforceable however only a court can finally rule on that. However, if you want to start the UE journey Niddy's view will be invaluable

I am assuming neither account has been defaulted yet - no S87(1) Default notice. If you do get one make sure you keep it and the envelope . In fact make sure you keep all correspondence

This is what I do
All letters/ emails both sent and received are kept as a hard copy in a a file. I do not usually send emails ( sometimes I will send one with attachments and say hard copies are in the post).
Then all letters are scanned and kept on my computer but also in google drive . That way if one goes I have at least another copy.

In the digital file I number the documents and name them so I know what they are eg - 1) CCA Request 2, Proof of delivery 3 CCA response 4) Threatening letter

Saves a whole heap of effort if you need to pass them on to a solicitor , when I instructed Joanna Connolly I was just able to share the contents of my google drive folder

Hi Warwick65,

Thanks for replying. Neither account has been defaulted, the last payment to each was between the 15th and 20th December 2018, in fact the holding letters were sent before a payment had been missed. I've sent the CCAs to Niddy so they can be evaluated when he has time.

I will make sure I keep all correspondence and your suggestion about scanning and keeping two digital files is great - that hadn't even crossed my mind to be honest but I will do it. I've already got the CCAs scanned and on the PC and I'll save a copy to One Drive.

I;ve asked the creditors to contact me in writing only and so far that has been the case although there hasn't been a lot in the way of correspondence yet!!

I was ok plodding along making minimum payments until Capital One upped the minimum payment (almost doubled the amount) because I only made minimum payments and was therefore 'habitual debtor' and Barclaycard said they would be reviewing the minimum payment towards the end of this year and would increase it if the debt wasn't being paid off more quickly. So now they won't get a lot.....

I do feel guilty looking at unenforceability though....

[Joanna Connolly Solicitors]

I do feel guilty looking at unenforceability though....

No need to feel guilty.

The Consumer Credit Act is an Act of Parliament (signed by the Queen apparently) to protect consumers from creditors who lend them money.

If those lenders and any subsequent debt purchasers can't/don't comply with the Act then they have a problem, not you.

I look forward to helping you.

Di

[ash28]

No need to feel guilty.

The Consumer Credit Act is an Act of Parliament (signed by the Queen apparently) to protect consumers from creditors who lend them money.

If those lenders and any subsequent debt purchasers can't/don't comply with the Act then they have a problem, not you.

I look forward to helping you.

Di

Hi Di,

Thank you for replying, I can't help feeling a bit guilty but I hadn't thought of it in the way you put it. I used to work in pharmaceuticals and compliance and record keeping was critical....I suppose in some ways parts of the finance industry seem to be in wild west of compliance!

[The Tech Clerk]

you are learning what capitalism is all about make millions do not bother with human suffering and the courts allow it to happen hence over paid DJs etc back the crimes all in the name of money !

[Warwick65]

I agree with Di here

The banks have huge legal and other compliance departments. If they think they can ride roughshod over the consumer by not complying with the law they need to be held to account. Let's face it, if any of us breaks the law and are caught we pay the price - whatever that is. All that happens with the banks is that they lose the money they gave to the few consumers who took them on. Frankly this is just a drop in the ocean to them.

The law should be there to protect us and we need to make sure we know how to do it.

Do not feel guilty at all- it is not as if you deliberately went out to borrow the money with no intention of paying it back now is it?

[ash28]

Hi,

Had a reply from Niddy! It looks as if both CCAs could be unenforceable,
Capital One: prescribed terms aren't intact and it looks as if the originals are missing
Barclaycard: If it was an Egg card then unenforceable, I think it was but not 100% sure as I did have an Egg card and an Egg loan, to try and find out I've sent a PPI claim to Canada Square Operations, they should be able to tell me if the Egg card was taken over by Barclaycard - I hope! I'll have a dig around and see if I can find any relevant paper work.

The letters that came with the CCAs were interesting, Capital One said the it is fully enforceable while Barclaycard didn't mention enforceability but said they were saitisfied that the amount outstanding was legally payable and due....same thing I suppose.

I hope Canada Square Operations get back reasonably quickly!

[The Tech Clerk]

capital one will say that and always have done - ignore their comment

[nightwatch]

Barclays sent me the most teeny tiny copy of some T&C, nothing else, and told me it was enforceable,
says a lot?

[Warwick65]

Remember the CCA request is for information. From an enforceability point of view they may fulfil the cca request i.e. send you copies of the correct documents or copies or the correct reconstituted documents and therefore in a court they may win the cca argument but there is a whole lot more to this than just the CCA.

It's not secret in Santander v Mayhew ( that's Di form here) the judge said they had complied with the CCA request but they lost (or Di won) on other things such as default notice and the actual agreement content

In my case with Cap 1 the agreement was probably good, the CCA was probably good, but there was no default notice so guess what, thanks to Jo and Di, I won. They had said in letter after letter the agreement was enforceable but they lost!