Announcement

Collapse
No announcement yet.

Night Monkey's diary

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Night Monkey's diary


    Good afternoon all.

    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.

    Hopefully I've got the formating correct, please forgive any errors.

    So, on to the detail...

  • #2
    Type of account - MBNA credit card
    Date commenced - Approx 2012
    Approx balance - £9325
    Date last paid - Early 2018
    Are you on arrangement or not paying - DMP with StepChange
    Status - default
    Account owner - PRA Group (UK) Ltd.

    17.8.19 Requested CCA details
    22.8.19 Received letter returning £1 postal order 'as a gesture of goodwill'
    Say they have requested the required information and placed account on hold (therefore ceasing collections)
    Enclosed CCA consumer factsheet
    11.9.19 - Received letter from PRA enclosing generic terms and conditions and a statement dated 10.11.18 giving a balance of £9861.43 and an equal charge-off adjustment totaling £0.00, together with the previous statement showing a credit of £76.54 - presumably the last one I made. Also shows arrears of £1244.92.
    More interestingly the letter states that pending receipt of further documents the debt is currently deemed unenforceable (!) which means they are unable to take court action against us, etc. It points out that the debt has not been written off and they are free to contact us, pass on our details to a third party and continue to report the account with credit reference bureaux.
    9.11.19 Received letter from PRA group stating current balance is £8937.58 and enclosing 'copy documents as requested'. This consists of a readable 'Pre-contractual Explanation Sheet' and two pages of very small type which is apparently pre-contractual credit information (about four pages shrunk to one sheet) and a credit card agreement, just about readable but including some personal details. Sent to Niddy for an opinion.
    18.11.19 Deemed enforceable. Boo.
    @Di - Can you advise regarding the validity of the default notice? Unlikely that there's an issue, but you never know.
    Last edited by Night Monkey; 18th November 2019, 10:46.

    Comment


    • #3
      Type of account - Barclaycard credit card
      Date commenced - Approx 2012
      Approx balance - £7162
      Date last paid - Early 2018
      Are you on arrangement or not paying - DMP with StepChange
      Status - default
      Account owner - PRA Group (UK) Ltd.

      17.8.19 Requested CCA details
      22.8.19 Returned £1 postal order with above letter, no specific mention of this account
      Last edited by Night Monkey; 22nd August 2019, 21:33.

      Comment


      • #4
        Type of account - Santander credit card
        Date commenced - Approx. 2013
        Approx balance - £6905
        Date last paid - Early 2018
        Are you on arrangement or not paying - DMP with StepChange
        Status - default
        Account owner - Wescot Credit Services

        17.8.19 - Requested CCA details

        29.8.19 - Received letter from Wescot returning the £1 the postal order stating that they will be in touch in due course. The account summary at the top of the letter refers to Santander as a 'client'. They note that StepChange is an authorised third party on the account and that 'there is an agreed monthly payment arrangement in place'.

        30.8.19 - Letter from Wescot explaining how the matter is to be investigated. Briefly that they will not contact us unless they need further details, any automatic payments will continue unless we have arranged otherwise and the process may take several weeks. They apparently appreciate our patience and will contact us to advise us of the outcome and next steps.
        Last edited by Night Monkey; 6th September 2019, 07:57. Reason: Update

        Comment


        • #5
          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

          29.9.19 Finally sent CCA request, using one of the returned postal orders :-)

          11.10.19 Received a hand-addressed letter today, presumably from HSBC, containing my letter requesting a CCA and the postal order. No covering letter, no compliments slip, nothing else at all. Seemed a bit rude, tbh. I'm thinking 'I've asked, you haven't supplied the necessaries, no further action from me required'. Does anyone disagree? Oh, and I'm glad I used recorded delivery :-)
          Last edited by Night Monkey; 11th October 2019, 16:38. Reason: Update

          Comment


          • #6
            Type of account - HSBC overdraft
            Date commenced - Approx 2000
            Approx balance - £3847
            Date last paid - Early 2018
            Are you on arrangement or not paying - DMP with StepChange
            Status - default
            Account owner - HSBC Repayment Services

            29.9.19 Finally sent CCA request, using one of the returned postal orders :-)
            Last edited by Night Monkey; 29th September 2019, 11:32. Reason: Update

            Comment


            • #7
              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.

              Comment


              • #8
                Originally posted by Night Monkey View Post
                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
                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. 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


                • #9
                  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, on my wife's and the HSBC accounts both joint.

                  Thanks for the input.
                  Last edited by Night Monkey; 28th August 2019, 18:16.

                  Comment


                  • #10
                    Strepsi

                    Thanks for the welcome...

                    Comment


                    • #11
                      Originally posted by Night Monkey View Post
                      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
                      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. 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


                      • #12
                        CCA Request send with £1.00 postal order and keep copy Recorded Delivery, HSBC usually have problems supplying for these early applications
                        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


                        • #13
                          Originally posted by Diana Mayhew View Post
                          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.

                          Comment


                          • #14
                            Originally posted by The Tech Clerk View Post
                            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...

                            Comment


                            • #15
                              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 ...

                              Comment

                              Working...
                              X