jpd18 Diary

[Joanna Connolly Solicitors]

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

I see from what you've posted that this was an Egg credit card which would have been bought by Barclaycard in 2011.

Who is named as the current owner of this debt in Asset Link Capital's correspondence?

Di

[jpd18]

I see from what you've posted that this was an Egg credit card which would have been bought by Barclaycard in 2011.

Who is named as the current owner of this debt in Asset Link Capital's correspondence?

Di

Hi Di,

It is listed as Barclaycard on the letters from Asset Link.

[jpd18]

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

I have received a box of documents following my SAR request. I have staments dating back to 14/07/2004 with the monthly £60 ASU premium included. I also have a copy of letter received by them from myself in 2008 stating I am self employed. Where do I go from here regarding any potential claim back of mis-sold ASU insurance?

[jpd18]

I have received a box of documents following my SAR request. I have staments dating back to 14/07/2004 with the monthly £60 ASU premium included. I also have a copy of letter received by them from myself in 2008 stating I am self employed. Where do I go from here regarding any potential claim back of mis-sold ASU insurance?

Would sending a letter something like the below be a good starting point or is there anything else I would need to do?

'I was sold 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 stated or led me to believe that taking out a policy was a pre-condition of applying for a debt management plan.
• 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.'

Your help is much appreciated.

[cymruambyth]

When I successfully claimed PPI I adapted a letter on the which website https://www.which.co.uk/consumer-rig...m-ppi-for-free . Good luck

[jpd18]

Thank you very much. I will send a letter.

[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

What stage has this £5k debt reached - are Cabot chasing you? I can't see who was the original creditor on your thread, so who was that?

Since you made this post there has been a court ruling that overdrafts are covered by s78 CCA so you can send Cabot a CCA Request.

Jo explains the recent court judgment here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

The appeal court also found that MFS Portfolio Ltd had not proved the Assignment to it from the original creditor.

We were not successful on the MFS Portfolio Ltd’s lack of FCA Authorisation point. For obvious reasons, having won the actual appeal for our Clients, this won’t be appealed further by our Clients - however this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. On this same point, we are currently waiting for reserved judgment, in a different appeal case at Chester County Court, to be handed down.

Di

[jpd18]

What stage has this £5k debt reached - are Cabot chasing you? I can't see who was the original creditor on your thread, so who was that?

Since you made this post there has been a court ruling that overdrafts are covered by s78 CCA so you can send Cabot a CCA Request.

Jo explains the recent court judgment here >




Di

Hi Di,

I have had letters from all of my creditors, including this one, confirming that they cannot supply CCA information and therefore the debt is not enforceable. They would however still like me to pay anyway. I am now receiving calls/letters begging me to pay but the threats have stopped. The clock is approaching 1 year so I will now just wait for the 6 year period to elapse without any contact.

[Joanna Connolly Solicitors]

Hi Di,

I am now receiving calls/letters begging me to pay but the threats have stopped. The clock is approaching 1 year so I will now just wait for the 6 year period to elapse without any contact.

Are you still only getting begging letters or have they now reverted to threats?

Di

[jpd18]

No the occasional voicemail or begging letter but other than that no contact at all.