jpd18 Diary

[jpd18]

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

[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]

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]

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]

Thank you very much. I will send a letter.

[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]

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.

[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 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.

[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]

• 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.

[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]

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.

[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

[nightwatch]

that is normal for Cabot