BigAl diaries.

[The Tech Clerk]

Possibly means send a CCA request with £1.00 Postal Order and keep copies makes it a legal requirement??? bit confusing your comments on here>?

BUT:- Di has suggested you do not at this point in time.

[BigAl1968]

HI Tech clerk,thanks for reply, I will await Di response as requested .

Re your post re my comments in my post being confusing
just to clarify , I sent the original cca requests off 10 years ago to original creditors, it was 2008 and 2009 when I sent off the original cca requests , it was at a time that every man and his dog was being encouraged on various consumer forums to send off for their credit agreements,


Those are the only cca requests I've ever done and the paperwork I received way back in 2008/2009 to those cca requests are the ones I sent to Niddy last week for his opinion on enforcability,

Niddy has advised to make new cca requests and Di suggested not to at this moment in time ,

I appreciate everyone's help and await further advice as to what my next move should be now I've updated the thread.

[Joanna Connolly Solicitors]

I sent the original cca requests off 10 years ago to original creditors, it was 2008 and 2009 when I sent off the original cca requests . . .

. . . Those are the only cca requests I've ever done and the paperwork I received way back in 2008/2009 to those cca requests are the ones I sent to Niddy last week for his opinion on enforcability,

At this moment in time you don't know whether the credit agreements were/are enforceable or unenforceable.

If they were unenforceable then nothing is gained by sending another CCA Request, especially if that results in the debt owner sourcing an enforceable agreement. Don't shoot yourself in the foot.

Conversely, if a credit agreement sent in response to a formal CCA Request is enforceable, then there's everything to be gained by sending a new CCA Request to the current owner (a debt purchaser) who may not have access to the same documentation as the original creditor.

Non compliance with a s77/78 CCA Request gives you legal protection (until it is complied with) but the timing of when you send a CCA Request (or not) is paramount.

For example if you've been making £1 and £2 token payments for years, then it's possible that the current debt owner has not put you at the top of the list for action. They just bank the money effortlessly each month along with thousands and thousands of other token payments made.

As long as you are paying towards the debt it will not go Statute Barred so the debt owner has no limitation on when they can issue legal proceedings (until six years after your last payment).

If you send a CCA Request you'll be drawing attention to yourself.

In your case you have four separate debts with three different debt owners. Each one needs to be assessed individually.

Di

[BigAl1968]

Hi Di,
Thanks for the reply, its very much appreciated, as is all the help ive received via this forum.
Am I best just stopping all payments now and see what happens from there.
Thanks

[Warwick65]

I think it is still a case of seeing if what they sent you is enforceable. If it is not then I personally would stop paying. If it is enforceable, well that's a different conversation.

There are some basic things to look for in CCA requests (there are more detailed things as well but do the easy stuff first)
1) name and address you had at the time you took out the card/loan
2) Name and address of the company at the time you took out the loan (you would be amazed at the number of older CCA requests where they get these wrong. Back in 2012 I had one come back with the current address but the account was opened at a previous one).
Terms and conditions at the time of the agreement as well as terms and conditions at default (again, they often send the front page of T&C's but miss out the other bits so it will say things like as per clause 9 or see terms overleaf but don't include them)

There are more but my head is full of cotton wool at the moment but Di and Jo are the people to ask as I think Jo was involved in the test case of Carey v HSBC

[Joanna Connolly Solicitors]

I sent the original cca requests off 10 years ago to original creditors, it was 2008 and 2009 when I sent off the original cca requests . .Those are the only cca requests I've ever done and the paperwork I received way back in 2008/2009 to those cca requests are the ones I sent to Niddy last week for his opinion on enforcability,

Niddy has advised to make new cca requests and Di suggested not to at this moment in time

A s77/78 CCA Request never expires.

As long as you've got proof that you sent it, such as a copy of your request, and ideally Royal Mail Proof of Posting, and evidence of the £1 statutory payment (was it a postal order or cheque?), those CCA Requests remain valid for eternity.

Since you have received responses to your requests that should be proof that they were received. Have you kept the covering letter referring to your s77/78 Request when they responded with the documents?

That's why I have said don't send new requests at this moment in time.

I'll take a look at your updated Diary posts and comment on each of them individually.

Di

[BigAl1968]

Thanks for the help Warwick65
Di, I only kept copies of the actual agreements they sent back to me , I never kept any covering letters referring to the s77/78 requests or the envelopes.
I paid the £1 fee by postal orders
I have tons of paperwork stored away in the loft, Something in the back of my mind thinks I might have kept the receipts for the recorded delivery.
I will venture up there at weekend and go through it all and anything relating to these debts, I know 100% i definately kept all the default notices too.


If I stop paying and any of them do issue court proceedings, and they then produce a different unsigned version of the agreement to what I have on file , does that help my case by making theirs look like unreliable recons or is it irrelevant .?
Thanks

[Joanna Connolly Solicitors]

any of them do issue court proceedings, and they then produce a different unsigned version of the agreement to what I have on file , does that help my case by making theirs look like unreliable recons

If you produce a compliant credit agreement to prove that the Claimant's recon is inaccurate, you'll be giving them their evidence on a plate (a compliant agreement). The DJ will thank you for helping him

The burden of proof is always on the Claimant. Don't do their job for them.

You're a long way off getting any court claim so no need to worry. Now is the time to do your research, discretely and behind the scenes.

Di

[BigAl1968]

Hi Di,
As always much appreciated,
If I may ask another question please, ive had a look around the forum but cant find any posts regarding anything similar,

If the copies of my agreements that I have filed away turned out to be unenforcable and further down the line one the the new debt owners took me to court with a recon that was different to my version but was enforcable , would their new recon enforcable version take priority over an original unenforcable agreement? or would a recon not be allowed to stand under those circumstances.



Thanks

[Joanna Connolly Solicitors]

Hi Di,
If the copies of my agreements that I have filed away turned out to be unenforcable and further down the line one the the new debt owners took me to court with a recon that was different to my version but was enforcable , would their new recon enforcable version take priority over an original unenforcable agreement? or would a recon not be allowed to stand under those circumstances.

A reconstituted credit agreement must be 'honest and accurate' with evidence of where the information included was obtained etc.

It depends on the reasons for your own copy of the credit agreement being unenforceable.

Commonsense says, how can the recon be enforceable if the original was unenforceable due to missing prescribed terms etc. which would make it irredeemably unenforceable.

If you follow my logic

Di

[BigAl1968]

Thanks for reply Di

Much appreciated

[Joanna Connolly Solicitors]

1st acc

Halifax credit card
opened in 2001
Balance is approx £16,300
last full payment made in July 2008
Assigned to Capquest 2011
£2 per month Token payments made monthly to capquest
Status up to date with token payments direct to capquest

. . . .

On this account the default notice was dated 20th march on the letter and said breach had to be rectified before 3rd April, Then i received another letter dated 3rd April saying account terminated, as this never gave me the required 14 days after postage does that cause problems for the debt collection company as not allowed any time for postage or can they just re issue a complaint one ?

Can you clarify who now owns this debt. Arrow Global acquired Capquest in 2014. Have you ever had any correspondence from Arrow?

If the Halifax Default Notice was 'bad' and the account was then terminated and assigned to a debt purchaser, they (new owner) cannot rectify the flaw retrospectively.

Di

[BigAl1968]

Not been on for a while so a bit of an update

Its almost 8 months now since I took the advice from here and stopped paying my creditors.

I have had several letters offering me large discounts if I want to settle , and a few we can do this and that letters,
But so far no letters before action or anything like that,

I am feeling empowered now I am not singing to the creditors tunes anymore. Im hoping it stays that way.

[Joanna Connolly Solicitors]

8 months now since I took the advice from here and stopped paying my creditors. . . .

I am feeling empowered now I am not singing to the creditors tunes anymore.

That's good to hear

Hold your nerve and post on your thread each time you get a letter before reacting to it.

You're in charge now.

Di

[Joanna Connolly Solicitors]

1st acc

Halifax credit card
opened in 2001
Balance is approx £16,300
last full payment made in July 2008
Assigned to Capquest 2011


2nd Acc Again the halifax

Halifax loan
opened 2007
Balance £ 7000 (approx)
Lats full payment July 2008
Assigned to 1st credit 2011, then changed to Intrum


3rd Acc

Was originally a morgan stanley /monument credit card which then transfered to barclaycard in 2008
Originally opened in 2006
Balance approx £4500
Last full payment July 2008
Assigned to Arrow global 2011


4th Acc

Rbs credit card
Originally opened 2003
Balance £ 3900
Last fully payment July 2008
Assigned to Cabot 2012, Then in Aug 2019 I received a letter saying now assigned to cabot (uk)

Any news on these debts, good or bad ?

Di