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  • #46
    Originally posted by Lola girl View Post

    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
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #47
      Originally posted by Diana Mayhew View Post


      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

      Comment


      • #48
        Originally posted by Lola girl View Post
        • 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
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #49
          Originally posted by Diana Mayhew View Post


          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

          Comment


          • #50
            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?

            Comment


            • #51
              Originally posted by Lola girl View Post
              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
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #52
                Originally posted by Diana Mayhew View Post


                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!

                Comment


                • #53
                  Originally posted by Lola girl View Post
                  • Type of account: MBNA C/ C
                  • Date commenced: 9.1.14
                  • Approx balance: £7k
                  • Date last paid: Aug 2018
                  • Are you on arrangement: DMP
                  • Status: Default 25.3.19
                  • Account owner: Moorcroft
                  CCA request 30/7/19 - no response as yet

                  15/8/19 - letter from Moorcroft saying they have asked the OC for the relevant documents. They advise also that they are not seeking to ‘enforce’ the agreement, they are only asking me to make an affordable repayment towards an outstanding debt. Very nice of them! Guess I just cancel the StepChange payment and wait to hear from them

                  28/8/19 letter received from Moorcroft with 2 years of statements and an agreement. Sent over to Niddy to be checked.

                  30/8/19. Enforceable....however Niddy advises that it isn’t a lawful s78 response. Advised to do nothing.

                  28/9/19 x5 phone calls / texts from Moorcroft this week, all ignored but they managed to catch me on the last one, I said I would not discuss anything over phone so could they please remove number and write only in future.

                  2/10/19 received two letters from Moorcroft. First one giving me 7 days to make arrangement to pay. The second one advising that stepchange have cancelled payments so would I contact them to discuss.
                  Assume I can just file and ignore these letters?
                  Lola girl

                  Comment


                  • #54
                    yes please, let us know of anything else
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #55
                      Originally posted by nightwatch View Post
                      yes please, let us know of anything else
                      Thanks NW, it’s all gone very quiet tbh! I was expecting more contact from the DCA’s once I’d stopped paying but it hasn’t really transpired. Link haven’t contacted me at all since they first bought the account and I sent my CCA request in July!

                      Lola girl

                      Comment


                      • #56
                        do not remind them
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #57
                          Originally posted by The Tech Clerk View Post
                          do not remind them
                          No I definitely won’t be chasing them!

                          Comment


                          • #58
                            Originally posted by Lola girl View Post
                            • 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

                            3/10/19 letter finally received from Link! Sadly Debenhams cannot comply with the CCA request and they have confirmed it’s now unenforceable. Result!!
                            After a rubbish day at work I came home to a very nice letter from Link. Yay!

                            Lola girl

                            Comment


                            • #59
                              Link will write and probably phone! Not necessarily straight away!
                              Your intention and goal here is Statute Barred.

                              But from now on silence! No communication!
                              Post up here anything you receive

                              Comment


                              • #60
                                Originally posted by Roger View Post
                                Link will write and probably phone! Not necessarily straight away!
                                Your intention and goal here is Statute Barred.

                                But from now on silence! No communication!
                                Post up here anything you receive
                                Thanks Roger - they said in letter that it remains payable and they will continue to report default but I won’t be entering into any communication with them. As they were assigned the debt are they likely now to try and sell it on?

                                Lola girl

                                Comment

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