Sylvester's UE plea for help

[Sylvester6]

Hi, I am new to this forum and this is my first post but I have recently sent CCA requests for 9 of my debts and to be honest I am feeling a little out of my depth and need some help!!

Basically we managed to amass a large amount of credit card debt and started a DMP through Stepchange in March 2015. Don't get me wrong it was and continues to be hard but everything was going fairly smoothly until August last year when we faced repair costs of a new boiler and a new gear box and exhaust on the car all pretty much within 3 months of each other. We initially lowered our payment to SC but decided to go self managed to give us more flexibility with our payments and allow us to put CCA requests in, something we had always planned to do.

We sent the CCA requests on the 12th January 2019 and have heard back from 6 out of the 9 creditors. This is where I need help:

Firstly, for the creditors who have not responded, do I need to send another letter or should I just leave it until we hear from them?

Secondly, we have 2 debts with one DCA; one in my name and the other in my husband's name and the original lender is the same for both debts also. For both they have sent the exact same paperwork, the account was taken out online in 2011 and as far as my untrained eye can see the paperwork looks all there, however they have sent covering letters to say the debt in my name is enforceable but that my husband's debt is unenforceable pending further paperwork! Not sure which one is correct but they are both quite high debts so want to be sure.

On a separate note, I have heard back from another debt who have said they cannot locate the paperwork and are not pursuing the debt at this time and have reduced the balance to £0.00 - I am trying not to be too optimistic on this one as I know if they do locate the paperwork in future then I will have to start paying again but that's good for now.

Thank you so much for your help.

[Warwick65]

Hi and welcome

Starting any unenforceable journey is confusing at times and also frustrating- for example why is one UE and another not if they sent back exactly the same paperwork.

It would help I think if you started a UE diary

Use one post (not a new thread for each debt and provide the following info

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 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 lender)

A couple of things to note which you may well know already

There is a difference between a debt purchaser (who has bought the debt, such as Lowell) and a DCA (such as moor croft) who generally are collecting on behalf of someone else

In answer to your question, do not send chasing letters to those who haven't responded

If you say two of the debts are largish - are they over 10K
Diana Mayhew

It might be worth having a chat with Di when she is around - she really is a star by the way

[Warwick65]

Thought I might also pass on my pearls of wisdom about how I kept on top of all the paperwork

Keep everything that comes and everything you send.
I keep three copies, one a hard copy in a file , another a scanned copy on my computer and a third, a copy of what is on your computer in the cloud such as google drive or icloud

When keeping things on the computer I have a folder for each debt and number and name each letter so it might go something like this
1) Default Notice
2) CCA request
3) CCA response
4) letter chasing payment
5) Pre legal assessment
6) Reds - threatening letter
7) Reds - we will take everything

By the way Reds were part of Lowell and now I look back and see my comments and think yeah right , I won you lost

[Sylvester6]

Hi Warwick
Thank you so much for taking the time to reply. It really is frustrating. I'm pretty organised with my paperwork, I have a file for each lender and keep all letters in there, although they're not backed up though so that's a thought and I have a spreadsheet on the go.

The 2 debts are in the £6000 but are our highest debts. I thought they were old Virgin

[Sylvester6]

I'm so sorry trying to do this on my phone, I rhiggrfbthou were old Virgin accounts taken over by MBNA but not so sure now.

I really appreciate any help. These forums are invaluable.

[Warwick65]

The 2 debts are in the £6000 but are our highest debts. I thought they were old Virgin

Oh how I had to sit on my hands when I read that

If they are MBNA depending on when they were taken out there is a goodish chance they are flawed. When I cca'd my old MBNA all I got was a signature box and a set of terms and conditions. I think at that time Virgin was just a branding on MBNA cards but every case is individual.

Try not to worry too much, set up a diary and we can have a look.

Remember though, when posting details do not put exact amounts or identifying details as we know these forums are trawled so if I said I have a debt with PRA of £5915.23 and I have sent a CCA request and not got a reply, by a process of elimination they can probably narrow you down, I some cases to you in particular.

I know on another forum, they used details posted on the forum in their witness statement

[Joanna Connolly Solicitors]

I have recently sent CCA requests for 9 of my debts and to be honest I am feeling a little out of my depth and need some help!!

. . . We sent the CCA requests on the 12th January 2019 and have heard back from 6 out of the 9 creditors. This is where I need help:

. . . we have 2 debts with one DCA; one in my name and the other in my husband's name and the original lender is the same for both debts also. For both they have sent the exact same paperwork, the account was taken out online in 2011 and as far as my untrained eye can see the paperwork looks all there, however they have sent covering letters to say the debt in my name is enforceable but that my husband's debt is unenforceable pending further paperwork! Not sure which one is correct but they are both quite high debts so want to be sure.

On a separate note, I have heard back from another debt who have said they cannot locate the paperwork and are not pursuing the debt at this time and have reduced the balance to £0.00 - I am trying not to be too optimistic on this one as I know if they do locate the paperwork in future then I will have to start paying again but that's good for now.

Hello

How is this going?

You've sent nine s77-79 CCA Requests so it would be good to have an update on what's been happening since January.

I can see you've been advised to list your debts so you can get help on a bespoke basis rather than general or hypothetical comments. Each creditor and debt purchaser behave in their own unique way so you'll benefit from suggestions from members (and myself) who have got to know the businesses involved over the years.

You don't need to start a new thread, you can use this one as your Diary. Just make a new post for each of the nine accounts using this format >

• Type of account (credit card/loan/overdraft)
• 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 lender or a debt purchaser)

I look forward to helping you.

Di

[Joanna Connolly Solicitors]

I have recently sent CCA requests for 9 of my debts and to be honest I am feeling a little out of my depth and need some help!!

. . . . We sent the CCA requests on the 12th January 2019 and have heard back from 6 out of the 9 creditors. This is where I need help

It's been exactly a year since you sent s77-79 CCA Requests to nine of your creditors.

What has happened since then and do you need any help with your current situation?

Di