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Lola girl UE diary...newbie!

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  • Lola girl
    replied
    Originally posted by Diana Mayhew View Post


    Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

    This is the legal position no matter who owns the debt

    Keep that letter safe!

    Di
    Thanks Di...and oh it’s safe, in a paper file...in camera roll....and emailed to myself. Just in case!

    Lola

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Lola girl View Post

    As they were assigned the debt are they likely now to try and sell it on?

    Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

    This is the legal position no matter who owns the debt

    Keep that letter safe!

    Di
    Last edited by Diana Mayhew; 4th October 2019, 10:56. Reason: technical issues

    Leave a comment:


  • Lola girl
    replied
    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

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  • Roger
    replied
    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

    Leave a comment:


  • Lola girl
    replied
    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

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

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  • The Tech Clerk
    replied
    do not remind them

    Leave a comment:


  • Lola girl
    replied
    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

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  • nightwatch
    replied
    yes please, let us know of anything else

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  • Lola girl
    replied
    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

    Leave a comment:


  • Lola girl
    replied
    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!

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Lola girl
    replied
    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?

    Leave a comment:


  • Lola girl
    replied
    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

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  • Diana Mayhew
    replied
    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

    Leave a comment:

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