Lola girl UE diary...newbie!

[Lola girl]

• 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

[Lola girl]

do not remind them

No I definitely won’t be chasing them!

[The Tech Clerk]

do not remind them

[Lola girl]

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

[nightwatch]

yes please, let us know of anything else

[Lola girl]

• 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

[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.