Lola girl UE diary...newbie!

[Lola girl]

The quick answer is Yes loans are regulated under s77 CCA > https://www.legislation.gov.uk/ukpga/1974/39/section/77

You could send HSBC the s77/78 CCA forum template request letter (with the £1 statutory fee) or you could wait until they start making a noise if you've stopped paying them, or until it's sold on.

I can't see this debt listed on your thread so make a new post in the same format as the others.

Have you got any other debts tucked away which may need help

Di

Thanks Di - I’ll have a think what to do as still paying this at the moment albeit at a very low amount.
And no - just this one!

[Joanna Connolly Solicitors]

Quick query - are bank loans covered by some kind of CCA? I had a loan with HSBC

The quick answer is Yes loans are regulated under s77 CCA > https://www.legislation.gov.uk/ukpga/1974/39/section/77

You could send HSBC the s77/78 CCA forum template request letter (with the £1 statutory fee) or you could wait until they start making a noise if you've stopped paying them, or until it's sold on.

I can't see this debt listed on your thread so make a new post in the same format as the others.

Have you got any other debts tucked away which may need help

Di

[Lola girl]

Quick query - are bank loans covered by some kind of CCA? I had a loan with HSBC that was under my old DMP and I have carried on with the payment since going self managed and CCA my cards.
It is still with HSBC despite paying very low payments for the last year and I have a copy of the agreement (think around 2014). Would I be better waiting to see if it’s sold on?

[Lola girl]

If you've still heard nothing from Link, then this debt will be unenforceable until or unless they do produce a compliant credit agreement.

Was this a Mastercard (not Visa) credit card? If so this might interest you > https://www.bbc.co.uk/news/business-47956891

Di

I’ve heard nothing at all from them. In fact all have gone pretty quiet on the letter front the last few weeks.

Interesting read and yes it was a MasterCard. I wonder if the approx £300 is per person or per card!

Lola

[Joanna Connolly Solicitors]

• Type of account: Debenhams C/C
• Date commenced: 15.3.07
• Approx balance: £4,300
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 28.6.19
• Account owner: Link

CCA request sent 30/7/19 - no response as yet

If you've still heard nothing from Link, then this debt will be unenforceable until or unless they do produce a compliant credit agreement.

Was this a Mastercard (not Visa) credit card? If so this might interest you > https://www.bbc.co.uk/news/business-47956891

Di

[Lola girl]

I would wait to see what Tesco do next. Don't talk to them on the phone.

There's more to enforceability than the credit agreement.

When did you last make the full contractual payment (the monthly minimum amount)?

Have you been served with a Default Notice?

I can see you were in a DMP and I can see the account was defaulted in October 2018.

Di

Hi Di,

I am not answering any unknown numbers on my mobile now and my home phone is unplugged.

I last east made a full contractual payment in August 2018 and a default notice was received dated 5th sept 2018. Default registered in Oct 18 so they didn’t hang about!

Ill await their next move. Thanks, Lola girl

[Joanna Connolly Solicitors]

Okay so need to decide if to offer to pick back up the payments I was making on DMP or leave this and see if it’s sold on.

I would wait to see what Tesco do next. Don't talk to them on the phone.

There's more to enforceability than the credit agreement.

When did you last make the full contractual payment (the monthly minimum amount)?

Have you been served with a Default Notice?

I can see you were in a DMP and I can see the account was defaulted in October 2018.

Di

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: OC

CCA request - letter received to say they would not comply as I had not included my signature

15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

6/9/19

Good documents received considering the age of this one. Niddy says enforceable.

Okay so need to decide if to offer to pick back up the payments I was making on DMP or leave this and see if it’s sold on.

[Lola girl]

Ive just looked at the history of this account in your earlier post.

Did you send a "Missing Prescribed Terms" letter last month because that may have alerted them to the flaw which they may be able to remedy?

Generally speaking it's best to never tell the debt owner what they've got wrong.

Di

I did...rookie error! But I understand the process a bit more now and won’t be engaging with them moving forward until advised.

[Joanna Connolly Solicitors]

l just wait and see what they do.

This is was an M&S credit card.

Ive just looked at the history of this account in your earlier post.

Did you send a "Missing Prescribed Terms" letter last month because that may have alerted them to the flaw which they may be able to remedy?

Generally speaking it's best to never tell the debt owner what they've got wrong.

Di

[Lola girl]

Well they would say that wouldn't they (that the credit agreement is legally enforceable)

Hopefully they will assign (sell) this debt to a debt purchaser when they realize they're not going to get the money from you.

What was this M&S account originally, such as a credit card, loan, Personal Reserve account with cheque book etc?

Di

Yes they would! I’ll just wait and see what they do.

This is was an M&S credit card.

Lola girl

[Joanna Connolly Solicitors]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 1.3.19
• Account owner: OC

CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

Well they would say that wouldn't they (that the credit agreement is legally enforceable)

Hopefully they will assign (sell) this debt to a debt purchaser when they realize they're not going to get the money from you.

What was this M&S account originally, such as a credit card, loan, Personal Reserve account with cheque book etc?

Di

[Lola girl]

Yep just file away for now, see what happen next,

Thanks NW - will do!

[nightwatch]

Yep just file away for now, see what happen next,

[Lola girl]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 1.3.19
• Account owner: OC

CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

Should I just file away and do nothing?