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  • jpd18 Diary

    I have debts with several companies totalling around 60K, I have been in a DMP since 2002 and have been paying them since this. I have decided to go down the CCA route and have requested CCA's from them all taking advice from your forum. These debts all originate from around 2001 and before. I have received responses saying that they cannot find the CCA and they are unenforceable but would request that I continue to pay. I have one that has sent me what they call a true copy but I am not sure this is the case and they claim to have also enclosed a current copy.
    • Type of account: Store Card
    • Date commenced (ideally before Apr 2007): 6th August 2001
    • Approx balance: 515.92
    • Date last paid (approximate date you last made a FULL payment): May 2002
    • Are you on arrangement or not paying: Was on DMP currently not paying
    • Status (default/in arrears/up-to-date): Default
    • Account owner (who is writing to you, a DCA or the lender): Lender
    18th February 2019 - CCA Request Letter Sent
    27th February - Letter from Next stating they do not accept cheque payments and giving me no other option to pay for the CCA.
    6th March - Sent letter informing them they had failed to supply CCA within 12 days and I would not make any payments until I received the CCA.
    8th March - Letter from Next claiming to enclose a true copy of the CCA.

    What is my next step, how can I see if the CCA is a true copy or not. Anything interesting note is on the letter it states 'We note that the amount of 0.00 remains outstanding on the account.'

    Thanks

  • #2
    Hello

    I can see that you've been in a DMP for nearly seventeen years so understandably you feel it's time for a change! Are you still in the DMP or have you started to self-manage?

    Any credit agreements you receive can be emailed to Niddy (Never-in-Doubt forum owner) using webmaster@all-about-debt.co.uk and he'll be able to provide an opinion on whether they are unenforceable.

    Make sure you put your username in the email's subject bar and a link to your thread in the body of the email. No need to blank anything out on the agreements because the email is secure.

    Make a separate post for each debt (on this thread) and members will guide you on your journey.

    I look forward to helping you.

    Di
    Legal Disclaimer

    I am a Litigation Executive at
    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Hi Di,

      Great I will send over the CCA. Yes I have been paying for over 17 years and most of the debts have been sold on and all have dropped off of my credit file long ago.

      I found your forum earlier this year and have since told the DMP company to go away as they have been charging me over 480 per year for the last 17 years. They also sold me accident and sickness protection for the first 14 years at 60 per month. Finding your forum has given me hope to finally be free of these debts.

      Comment


      • #4
        I have an overdraft which I discovered is not covered but the CCA. I wrote to cabot offering them a settlement offer of 707.04 and they responded offering a counter offer of 1878.67. I have since found the information of Overdrafts on your forum and was wondering if it is worth sending out the CCA request as per the overdraft template?
        • Type of account: Overdraft
        • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
        • Approx balance: 4,696.69
        • Date last paid (approximate date you last made a FULL payment): May 2002
        • Are you on arrangement or not paying: Was on DMP currently not paying
        • Status (default/in arrears/up-to-date): Default
        • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot

        Comment


        • #5
          • Type of account: Goldfish Credit Card
          • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
          • Approx balance: 3,669.26
          • Date last paid (approximate date you last made a FULL payment): May 2002
          • Are you on arrangement or not paying: Was on DMP currently not paying
          • Status (default/in arrears/up-to-date): Default
          • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot
          29th Jan 2019 - Sent CCA Letter
          6th Feb 2019 - Letter from Cabot stating the account is unenforceable
          18th Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.

          Comment


          • #6
            • Type of account: Littlewoods Store Card
            • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
            • Approx balance: 523.47
            • Date last paid (approximate date you last made a FULL payment): May 2002
            • Are you on arrangement or not paying: Was on DMP currently not paying
            • Status (default/in arrears/up-to-date): Default
            • Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft
            29th Jan 2019 - Sent CCA Letter
            6th Feb 2019 - Letter from Moorcroft requesting more time.
            18th Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.
            3rd Mar 2019 - Letter from Moorcroft advising the account is on hold whilst they are communicating with their Client.

            ​​​​​​​

            Comment


            • #7
              • Type of account: Lloyds Credit Card
              • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
              • Approx balance: 4,636.86
              • Date last paid (approximate date you last made a FULL payment): May 2002
              • Are you on arrangement or not paying: Was on DMP currently not paying
              • Status (default/in arrears/up-to-date): Default
              • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot
              29th Jan 2019 - Sent CCA Letter
              16th Feb 2019 - Letter from Cabot stating the account is unenforceable
              21st Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.

              Comment


              • #8
                JPD closed the other thread as all on this one
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  • Type of account: Lloyds Credit Card
                  • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
                  • Approx balance: 8,498.24
                  • Date last paid (approximate date you last made a FULL payment): May 2002
                  • Are you on arrangement or not paying: Was on DMP currently not paying
                  • Status (default/in arrears/up-to-date): Default
                  • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot
                  29th Jan 2019 - Sent CCA Letter
                  16th Feb 2019 - Letter from Cabot stating the account is unenforceable
                  21st Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.

                  Comment


                  • #10
                    • Type of account: Egg Loan
                    • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
                    • Approx balance: 4270,57
                    • Date last paid (approximate date you last made a FULL payment): May 2002
                    • Are you on arrangement or not paying: Was on DMP currently not paying
                    • Status (default/in arrears/up-to-date): Default
                    • Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft
                    29th Jan 2019 - Sent CCA Letter
                    18th Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.
                    16th Feb 2019 - Letter from Cabot stating the account is unenforceable
                    21st Feb 2019 - Letter from Moocroft stating they are unable to provide CCA and account on hold until 01/04/2019 for me to reply.

                    Comment


                    • #11
                      • Type of account: Egg Credit Card
                      • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
                      • Approx balance: 4383.85
                      • Date last paid (approximate date you last made a FULL payment): May 2002
                      • Are you on arrangement or not paying: Was on DMP currently not paying
                      • Status (default/in arrears/up-to-date): Default
                      • Account owner (who is writing to you, a DCA or the lender): DCA - Asset Link Capital
                      29th Jan 2019 - Sent CCA Letter
                      18th Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.
                      20th Feb 2019 - Letter from Asset Link - Dispute Acknowledgment Letter

                      Comment


                      • #12
                        • Type of account: Lloyds Loan
                        • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
                        • Approx balance: 15875.89
                        • Date last paid (approximate date you last made a FULL payment): May 2002
                        • Are you on arrangement or not paying: Was on DMP currently not paying
                        • Status (default/in arrears/up-to-date): Default
                        • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot
                        29th Jan 2019 - Sent CCA Letter
                        16th Feb 2019 - Letter from Cabot stating the account is unenforceable
                        21st Feb 2019 - Sent letter stating my intention not to pay until CCA is complied with.

                        Comment


                        • #13
                          Originally posted by jpd18 View Post
                          I have an overdraft which I discovered is not covered but the CCA. I wrote to cabot offering them a settlement offer of 707.04 and they responded offering a counter offer of 1878.67. I have since found the information of Overdrafts on your forum and was wondering if it is worth sending out the CCA request as per the overdraft template?
                          • Type of account: Overdraft
                          • Date commenced (ideally before Apr 2007): Unknown - Prior to 2001.
                          • Approx balance: 4,696.69
                          • Date last paid (approximate date you last made a FULL payment): May 2002
                          • Are you on arrangement or not paying: Was on DMP currently not paying
                          • Status (default/in arrears/up-to-date): Default
                          • Account owner (who is writing to you, a DCA or the lender): DCA - Cabot
                          I would send an overdraft CCA request as this can help you to clarify where you stand legally.

                          Well done for taking control and listing everything. You will get extra letters and maybe phone calls but we will be able to support and guide you. Never speak to anyone on the phone and check her3 before you write anything. The AAD way is successful and out letters are written so that you do not admit liability for anything.

                          Good luck.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #14
                            Originally posted by jpd18 View Post
                            have since told the DMP company to go away as they have been charging me over 480 per year for the last 17 years. They also sold me accident and sickness protection for the first 14 years at 60 per month.


                            You may be able to challenge your DMP's charges if they were unreasonable or too high etc.

                            You can read about how to do that that here > https://www.citizensadvice.org.uk/de...fees-too-high/

                            You may also have a claim against them if that 'accident and sickness protection (PPI?) was missold. Were you in work for all those 14 years?

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at
                            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Originally posted by jpd18 View Post
                              have since told the DMP company to go away as they have been charging me over 480 per year for the last 17 years. They also sold me accident and sickness protection for the first 14 years at 60 per month.


                              You may be able to challenge your DMP's charges if they were unreasonable or too high etc.

                              You can read about how to do that that here > https://www.citizensadvice.org.uk/de...fees-too-high/

                              You may also have a claim against them if that 'accident and sickness protection' (PPI?) was missold. Were you in work for all those 14 years?

                              Di
                              Legal Disclaimer

                              I am a Litigation Executive at
                              Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

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