Night Monkey's diary

[Spud]

Sometimes you wont get a reply, Sometimes you do and often times it can be months down the line etc. As long as you have sent the CCA request, With the £1 payment and ideally have sent it recorded delivery ( so you have proof it got there) then it doesn't matter really whether they reply of not, You are afforded the protections under the Consumer Credit Act in respect of S78 requests.

Its obviously helpful if they reply to your CCA request with a load of garbage as it is quite easy to judge your position. If the reply back is unenforceable, and if you wish to follow the UE route - You would need to stop paying and keep any creditors at bay for 6 years ( 5 in Scotland) until the debt becomes Statute Barred. ( I am sure you already know some of that )

If you get no reply to your CCA request, Then the debt is Unenforceable until such times they can correctly comply with your request. Sometimes they can, sometimes they cannot - This is where it gets a bit more complicated and you have to decide whether to stop payments and see how it proceeds or continue paying.

It can feel against the grain etc but its the only way to use the UE route. Anybody who has been through it, Has been in the very same position. I remember when I first stopped payments for the first time, It was a slightly scary time and required a leap of faith - I took it, 6 years down the line here I am with all debts Statute barred - A bit of fun and games along the way - But around £70K of debt gone. It was crippling me and made me feel terrible. Those 6 years have absolutely flown by honestly

You must remember, For every month you make a payment, That's another month off being Statute Barred - Each payment is technically acknowledging the debt ( As you say) but don't worry about that point too much. The road to a debt being Statute Barred will only start when payment stops

I appreciate you may be thinking of making offers to settle when you get some funds etc - But answer me this, Why would you want to make offers on a debt when it may well be unenforceable? If it is Unenforceable then you wont be paying anything and can have a nice Holiday instead

See how you go first - Keep that money safe as a backup plan

[Night Monkey]

Are there any updates on any of your debts before I make my suggestions?

Hi

No major updates, in brief we have five debts. I've requested five CCAs, received none, have one confirmation of non-enforceability from PRA (which may cover two of them) and a 'thank you' from Wescot, a letter returned without comment regarding an HSBC credit card and no response regarding an HSBC overdraft.

I'm expecting some compensation early next year (Easter?) and am minded to let things lie until I can make offers and hopefully make it all go away. I'm just concerned that me continuing to pay muddies the water somehow, in an acknowledging-the-debt kind of way?

Cheers, and thanks for your time.

[Joanna Connolly Solicitors]

So far I've requested three CCAs, received none and have one confirmation of non-enforceability from PRA. I need to request one from HSBC and also send something to HSBC regarding an overdraft - can anyone tell me what?

While I confirm the legal situation with each debt I'm minded to let the payments continue via StepChange until the pending compensation is settled, at which point I'll go for a full & final settlement where possible; if this continues much beyond Christmas I may reassess. I'm not sure that I want to rattle any cages just yet.

Hello

I see you've asked a question on another thread here >

Can anyone say if this a bad idea for any reason beyond being more expensive in the long run? I'm in a similar situation, still paying acknowledged UE debts via StepChange until I have funding to make some F&F settlement offers - like you I'm reluctant to 'light the blue touchpaper' until I'm in a position to respond with more than 'go away'.

Every situation is different so I thought it best to answer your question on your own thread.

Are there any updates on any of your debts before I make my suggestions?

Di

[nightwatch]

HI NM,
to continue to pay is your choice.
the overdraft is covered by the same CCA , so pop them in the post and see what happens

[Night Monkey]

So far I've requested three CCAs, received none and have one confirmation of non-enforceability from PRA. I need to request one from HSBC and also send something to HSBC regarding an overdraft - can anyone tell me what?

While I confirm the legal situation with each debt I'm minded to let the payments continue via StepChange until the pending compensation is settled, at which point I'll go for a full & final settlement where possible; if this continues much beyond Christmas I may reassess. I'm not sure that I want to rattle any cages just yet.

[nightwatch]

If you want to , you can cancel your DMP with step chnge, they will not suspend payment's, they do not recognise UE, it is Pay or leave,
Yes put money aside in case needed further down the line,
Wescot may be collecting for Santander,
If debt's are stll held by original lenders, there is little chance of a low F&F, also while still paying they are reluctant to negotiate a F&F, why would they if you will pay for xx amount of years,
stop paying and they panic, you will receive lot's of call's (dont talk over the phone with them) some "nice" letters, just post on here when you do and we can see where to go from there,

NW

[Night Monkey]

I have now requested three CCA agreements some three weeks ago and have yet to receive one. I have let this month's payments go through via SC while I take stock. My current questions & thoughts are:

Should I contact SC and suspend any payments until the CCAs are produced?
If so, should I put the money aside so that I can pay it as a lump sum should the need arise?
Are Santander actually a client of Wescot? I thought that the latter had bought the debt and that the former had washed their hands of us.

Any advice & comments appreciated ...

[Night Monkey]

CCA Request send with £1.00 postal order and keep copy Recorded Delivery, HSBC usually have problems supplying for these early applications

Will do, thanks.

Here's hoping...

[Night Monkey]

Is there a reason why you have not yet sent a s78 CCA Request for this credit card from 2005?

No good reason, I just wanted to spread the admin. I'll do it this weekend.

Do you still have a bank account with HSBC?

No, we opened parachute accounts before starting this process.

Thanks.

[The Tech Clerk]

CCA Request send with £1.00 postal order and keep copy Recorded Delivery, HSBC usually have problems supplying for these early applications

[Joanna Connolly Solicitors]

Type of account - HSBC credit card
Date commenced - Approx 2005
Approx balance - £6514
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - HSBC Repayment Services

No action by me as yet

Is there a reason why you have not yet sent a s78 CCA Request for this credit card from 2005?

I would do that now so you at least know where you stand legally speaking.

Do you still have a bank account with HSBC?

Di

[Night Monkey]

Strepsi

Thanks for the welcome...

[Night Monkey]

Hi :-)

My solicitor is indeed just that, and regulated.

My thoughts exactly regarding the compensation, I'm hoping that it will be the key to getting clear.

The mortgage, which is joint with my wife, is definitely number one and I have to say that NatWest were very understanding when I approached them with the situation. I'm not sure how long that would have gone on beyond the three months leeway that they gave us though.

FWIW two cards are in my name, one my wife's and the HSBC accounts both joint.

Thanks for the input.

[Joanna Connolly Solicitors]

I've spent the last year or so trying to get unmanageable debt under control and googling about unenforceable debts and CCAs brought me here. I'll post details below but first some background. I have around £35k total debt spread over four credit cards and an overdraft. I was managing them, barely, until an accident rendered me unable to work for four months and the whole house of (credit) cards came tumbling down. During this time I also lowered my mortgage payments with NatWest for three months putting me about £3.5k in arrears, which I'm now redressing at £250 per month.

The cards and overdraft are being managed via a DMP with StepChange with a monthly payment from me of £308 split between the five creditors.

I'm in line for an as yet undetermined amount of compensation for the accident, which will in all likelihood be settled early next year. The best approximation my solicitor is willing to give me is 'thousands not hundreds'.

My ideal outcome would be to get rid of the things and move on, rather than have them around my neck for the next ten years. To this end I'm hoping to use the compensation to make full and final settlement for each of the five debts..

Hello

I'll happily take a peek at your debt situation.

If you are due compensation for your accident then this may a good moment to look at your overall financial health.

May I ask whether your "solicitor" is a solicitor whose firm is regulated by the SRA, or have you been dealing with a Claims Management Company, and possibly a paralegal?

Your mortgage and any arrears are a priority. Maintaining the roof over your head is paramount.

Is it a sole mortgage or a joint mortgage?

Di

[Strepsi]

I won't be offering any advice of how you should deal with things.

But what I can say is I have no idea how I found this site.

But I think it quite probably saved my life.

We have approx 70k of debt, well at least we did when I found this site around 3 years ago.

The advice and support you get on here will be invaluable.

Best of luck, it can be a very lonely experience debt.