jpd18 Diary

[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.

[jpd18]

Many thanks Di. I will get on this ASAP.

[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]

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]

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]

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]

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]

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?

[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]

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.

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[cymruambyth]

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.

[jpd18]

• 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.

[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