jpd18 Diary

[jpd18]

Ok great. I will take a look at the CAB website. Yes I have always been in work. Self employed for the last 12 years. Originally I was told that I had to have the accident and sickness protection as part of the DMP.

[jpd18]

Yes it looks like unfortunately they have alway stuck to the rule of giving over 50% to my creditors. I am sure the £60 per month ASU premium payment was their way around that of course. They always stated I had to have the ASU until two years ago when they allowed me to cancel it. How would I go about proving this was mis-sold?

Would I be able to send the template from your website regarding PPI something along the lines of:

"I bought the above plan from you on joining your debt management program in 2003. I now consider that the policy was mis-sold to me and I wish to claim back my premiums plus interest.

I believe that the policy was mis-sold for the following reason/s:

• I was self-employed and could not have claimed fully on the policy without ceasing work. I was not informed or warned of this.

• Your staff did not offer me a clear choice of the DMP with and the DMP without insurance.

• Your staff painted a scenario where I would be reliant on the insurance which would not have been true for me.

• Your staff did not fully explain the policy and its exclusions to me.

I now contend that I was mis-sold this policy. I claim back all the premiums and interest I have paid in connection with this payment protection insurance policy plus statutory interest at 8% (or whatever other rate the courts might order) from the first payment that I made until the date of your settlement of this claim. I look forward to receiving your swift reply, within the eight weeks allowed for responses to complaints by the Financial Services Authority.'

I went self employed in 2008 and had been on the DMP since 2003. The ASU insurance was finally cancelled in 2018. Would this worth considering?

[jpd18]

I have found the T&C's for this insurance and it states 'If you the sole proprietor or a partner in the Business You are Working for or You are a relative of the sole proprietor or a partner in the business you are working for, you will be insured if that Business ceases to trade'. So surely this is a worthless policy?

[Joanna Connolly Solicitors]

What is the name of the DMP company/business?

Maybe you need to send a SAR to them (it's free) to get the backstory before you make your complaint.

What reason did they give for allowing you to (eventually) cancel the policy ?

Di

[jpd18]

The company is Moneysave (previously EuroDebt). Upon doing a yearly review a in 2018, the first one for years, they suddenly said that I could cancel the insurance and put more money towards paying off the debt. I have copies of the insurance policy and when I wrote to them to cancel our DMP I requested that all information be sent out. They sent through records on all payments made to creditors but nothing regarding the ASU.

[Joanna Connolly Solicitors]

The company is Moneysave (previously EuroDebt). Upon doing a yearly review a in 2018, the first one for years, they suddenly said that I could cancel the insurance and put more money towards paying off the debt. I have copies of the insurance policy and when I wrote to them to cancel our DMP I requested that all information be sent out. They sent through records on all payments made to creditors but nothing regarding the ASU.

Which is why I suggest you send them a SAR

From what you say those payments add up to around £10k

I note you say "our" DMP. Was this a joint DMP with another person?

Di

[jpd18]

Hi Di, Yes the DMP was for both myself and my wife. Most of the accounts were in my name but two were in hers and one joint. I will send a SAR over as you suggest.

Is there a SAR template I can use as I am struggling to find one. Should this request be aimed specifically at the ASU insurance?

Thanks

[Joanna Connolly Solicitors]

Hi Di, Yes the DMP was for both myself and my wife. Most of the accounts were in my name but two were in hers and one joint. I will send a SAR over as you suggest.

Is there a SAR template I can use as I am struggling to find one. Should this request be aimed specifically at the ASU insurance?

A Subject Access Request requires the business to send you any/all data and information which they hold on you.

I wouldn't specify a particular interest in the ASU insurance because that may alert them to your intention to make a complaint and possibly a refund claim.

This forum has a SAR template but you need to remove the reference to the £10 statutory fee which is no longer required, and change the 40 days to comply to 30 days to comply > https://all-about-debt.co.uk/forum/d...96#post1245196

You and your wife will need to send two separate SARs, one in each name.

Di

[jpd18]

Many thanks Di. I will get on this ASAP.

[jpd18]

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.

CCA request sent. Letter received from Cabot stating that they do not have the agreements but have requested information from the original lender.

[nightwatch]

that is normal for Cabot

[Joanna Connolly Solicitors]

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

Is this the debt which Cabot have written to say they're seeking the documents from the original creditor?

(It helps to quote your original post each time and add the update so forum members can see the history of the debt before making suggestions on your next step.)

I don't know who told you it definitely wouldn't be covered by s 77-79 CCA but they may have got that wrong depending on the circumstances.

Was this an agreed overdraft facility and was it renewed annually after 2012?

When you say the last full payment was in 2002 do you mean you received a Final Demand calling in the whole balance in 2002?

Who was the original creditor (i.e. which bank)?

When was the debt assigned/sold to Cabot?

Sorry for all the questions but it helps to see things in context

Di

[jpd18]

Hi Di, Sorry I will quote the original posts from now on. I did not think overdrafts were covered until I read some posts on this forum. It was an agreed overdraft that went onto the DMP in 2002. I am not sure if it was renewed annually. It was originally a Lloyds current account. I think the debt was sold to cabot around 2007/2008.

[jpd18]

• 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

Niddy has confirmed that this is UE as there’s no signed agreement.

[jpd18]

• 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

15th March - Letter from Asset Link stating that the debt is unenforceable.