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  • Ballister UE Diary

    Thank you for reading my diary. Like many others my debt spiralled due to me spending more than I was earning. Things came to a head at the back end of 2017 when I was unable to shift the Barclaycard debts to other 0% cards. I initially was on a DMP with Stepchange but after one month I went self managed. I have only been paying those creditors who were hassling me. A few months ago I reduced these payments to £1.
    However, I have got to the point where I need to decide what I want to achieve long term as I certainly don’t want to be paying £1 a month for the rest of my life on debts of over £50k. I have therefore stopped payments and will see what happens.
    Four of my creditors have never asked for payments so I have not been paying these since the beginning of 2018. Unfortunately all of my accounts are post 2007 but I am aware there may be other reasons for a debt to be unenforceable. Also none of the debts have been sold on as yet.
    I suppose I am hoping for either some of the debts to become statute barred at some point, for some of the debts to be unenforceable or for me to consider making full and final settlements in the future seeing as I have managed to save a bit of a fund over the last 2 years.
    I have therefore sent 7 of my CCAs to Niddy today and will see what comes back from this. I will upload details of all my debts shortly

  • #2
    Debt 1
    Barclaycard 1
    • Type of account – Credit card
    • Date commenced – May 2008
    • Approx balance - £9,800
    • Date last 'full' payment – November 2017
    • Arrangement - not paying
    • Status - defaulted 29 Dec 2017
    • Account owner – Barclaycard

    There has been very little collection activity by Barclaycard on this account. The date of default on my credit file is the end of December 2017 but the default notice was not issued until March 2018.

    February 2018 – 1st payment via Stepchange. No payments since.
    March 2018 – requested CCA
    March 2018 – received CCA
    July 2018 – We’d like to catch up about your account letter
    October 2018 – please speak to us before November 2018 letter
    February 2019 – Following a review of their operating procedures a £75 refund was made to my bank account for the distress and inconvenience as a consequence of Barclaycard not meeting their expected standards
    April 2019 - We’d like to catch up about your account letter
    September 2019 – CCA sent to Niddy
    September 2019 - reply from Niddy
    Last edited by Ballister; 13th September 2019, 12:59.

    Comment


    • #3
      Debt 2
      Barclaycard 2
      • Type of account – Credit card
      • Date commenced – 25 July 2014
      • Approx balance - £8,830
      • Date last 'full' payment – November 2017
      • Arrangement - not paying
      • Status - defaulted 29 Dec 2017
      • Account owner – Barclaycard

      There has been very little collection activity by Barclaycard on this account. The date of default on my credit file is the end of December 2017 but the default notice was not issued until March 2018.

      February 2018 – 1st payment via Stepchange. No payments since.
      March 2018 – requested CCA
      March 2018 – received CCA
      July 2018 – We’d like to catch up about your account letter
      September 2018 – please speak to us before October 2018 letter
      March 2019 - We’d like to catch up about your account letter
      September 2019 – CCA sent to Niddy
      September 2019 - reply from Niddy
      Last edited by Ballister; 13th September 2019, 13:01.

      Comment


      • #4
        Debt 3
        Ratesetter
        • Type of account - Loan
        • Date commenced – 4th Feb 2016
        • Approx balance - £7,600
        • Date last 'full' payment – November 2017
        • Arrangement - not paying
        • Status – Not defaulted as yet
        • Account owner – Ratesetter

        There has been very little contact from Ratesetter since I stopped paying in November 2017. They have not defaulted me and bizarrely the account is showing as ‘up to date’ on my credit file. I have not requested my CCA as yet.

        February 2018 – 1st payment to Stepchange. No payments made since.
        July 2018 – Notice of Sums in Arrears
        January 2019 - Notice of Sums in Arrears
        July 2019 - Notice of Sums in Arrears

        Comment


        • #5
          Debt 4
          Santander
          • Type of account – Credit card
          • Date commenced – 8 Feb 2016
          • Approx balance - £7,000
          • Date last 'full' payment - Oct 2017
          • Arrangement – was paying £1 per month to Westcot but stopped from Sep 2019
          • Status - defaulted Sep 2018
          • Account owner – Santander (Westcot managing account)

          Feb 2018 – 1st payment via Stepchange
          March 2018 – self managed DMP
          July 2018 – Notice of Sums in Arrears
          September 2018 – Notice of Sums in Arrears
          October 2018 – requested CCA
          April 2019 – CCA received
          September 2019 – CCA sent to Niddy
          September 2019 - reply from Niddy
          Last edited by Ballister; 13th September 2019, 13:02.

          Comment


          • #6
            Debt 5
            MBNA
            • Type of account – Credit card
            • Date commenced – 8 Feb 2016
            • Approx balance - £4,700
            • Date last 'full' payment – November 2017
            • Arrangement - not paying
            • Status - defaulted 31 July 2018
            • Account owner – MBNA

            There has been little contact from MBNA since I stopped paying back in November 2017. I have therefore not yet requested the CCA.

            April 2018 – Notice of Sums in Arrears
            January 2019 – MBNA notified me that they have refunded historic interest and default fees plus 8% interest.

            Comment


            • #7
              Debt 6
              Bank of Ireland - Post Office Money
              • Type of account – Credit card
              • Date commenced – 11 Aug 2016
              • Approx balance - £940
              • Date last 'full' payment – November 2017
              • Arrangement – I was paying £1 per month until September 2019
              • Status - defaulted 19 Feb 2018
              • Account owner – Post Office Money


              Feb 2018 – 1st payment via Stepchange
              March 2018 – self managed DMP
              March 2018 – requested CCA
              April 2018 – CCA received
              September 2019 – CCA sent to Niddy
              September 2019 - reply from Niddy
              Last edited by Ballister; 13th September 2019, 13:03.

              Comment


              • #8
                Debt 7
                HSBC
                • Type of account – Credit card
                • Date commenced – 16 Feb 2016
                • Approx balance - £6,500
                • Date last 'full' payment – November 2017
                • Arrangement – was paying £1 per month but stopped September 2019
                • Status - defaulted 19 Jan 2018
                • Account owner – HSBC

                My credit file shows the date as default as 19 January 2018. However, the default notice was not actually issued until the end of March 2018.

                Feb 2018 – 1st payment via Stepchange
                March 2018 – self managed DMP
                March 2018 – requested CCA
                May 2018 – received CCA
                September 2019 – CCA sent to Niddy for checking
                September 2019 - reply from Niddy
                Last edited by Ballister; 13th September 2019, 13:04.

                Comment


                • #9
                  Debt 8
                  Bank of Scotland
                  • Type of account – Credit card
                  • Date commenced – 7 Sep 2016
                  • Approx balance - £3,500
                  • Date last 'full' payment – November 2017
                  • Arrangement – was paying £1 per month to Moorcroft but stopped from September 2019
                  • Status - defaulted 27 April 2018
                  • Account owner – Bank of Scotland (managed by Moorcroft)

                  Feb 2018 – 1st payment to Stepchange
                  March 2018 – self managed DMP
                  March 2018 – requested CCA
                  April 2018 – CCA received
                  September 2019 – CCA sent to Niddy
                  September 2019 - reply from Niddy
                  Last edited by Ballister; 13th September 2019, 13:04.

                  Comment


                  • #10
                    Debt 9
                    Tesco
                    • Type of account – Credit card
                    • Date commenced – 7 Sep 2016
                    • Approx balance - £5,400
                    • Date last 'full' payment – November 2017
                    • Arrangement – was paying £1 per month until September 2019
                    • Status - defaulted 13 Feb 2018
                    • Account owner – Tesco

                    Feb 2018 – 1st payment via Stepchange
                    March 2018 – self managed DMP
                    March 2018 – requested CCA
                    April 2018 – CCA received
                    September 2019 – CCA sent to Niddy
                    September 2019 - reply from Niddy
                    Last edited by Ballister; 13th September 2019, 13:07.

                    Comment


                    • #11
                      Hi

                      You are right when you say there are many other reasons for a debt to be unenforceable - assignment is one as is the lack of a default notice. For this reason I recommend you keep all letters you receive.

                      My own personal, rather OCD way of dealing with it was to scan every letter I receive . I then have a file in google drive with one subfolder for each account. For every letter I receive I number it and give a brief outline in the title e.g 1- CCA request, 2- CCA reply, 3- NOA

                      This way I have three copies of every letter sent and received, 1 in a folder in a drawer , another on the hard drive of my PC and a third in google drive . I did not number them to start with and then when I decided this was what I needed to do , it was a huge task so a little effort now saves loads of graft later

                      I do see most of the defaults are relatively recent so I will also ask a couple of questions
                      1) Do you own your home or have other substantial assets?
                      2) Have you considered other alternatives than a DMP? I am not suggesting that is the right thing for you but it is an option. It would need professional advice

                      Comment


                      • #12
                        Hi - thanks for the advice.

                        Yes i I own my own home. It’s worth about £250k and I have a £60k joint mortgage with my wife. She has no debts and is aware of my/our predicament.
                        I have not really explored any other alternatives.

                        Comment


                        • #13
                          Originally posted by Ballister View Post
                          Hi - thanks for the advice.

                          Yes i I own my own home. It’s worth about £250k and I have a £60k joint mortgage with my wife. She has no debts and is aware of my/our predicament.
                          I have not really explored any other alternatives.
                          I would say as you have equity in your home, alternative options are not really viable - they might be considered the nuclear option

                          Comment


                          • #14
                            Originally posted by Ballister View Post
                            I have only been paying those creditors who were hassling me. A few months ago I reduced these payments to £1.
                            However, I have got to the point where I need to decide what I want to achieve long term as I certainly don’t want to be paying £1 a month for the rest of my life on debts of over £50k. I have therefore stopped payments and will see what happens.
                            Four of my creditors have never asked for payments so I have not been paying these since the beginning of 2018.
                            Hello

                            I've taken a peek at the debts you've listed and can see that so far none of them have been threatening you with court action. Some have left you alone completely even though you are not paying them a penny.

                            Original creditors tend to assign a debt when the money supply, however small, dries up. They'll have literally thousands of consumers making £1 token payments each month which provides them with a solid income without any effort.

                            Once assigned to a debt purchaser the game changes a little so you're wise to do your research at this stage.

                            Most of your accounts were opened relatively recently but that doesn't mean they'll automatically be enforceable. As has been said, they can make errors in numerous other ways especially at the assignment stage.

                            Some of the debt purchasers are not FCA authorised so that could mean they don't have any legal right to issue a claim even if the documentation is compliant.

                            I take your point about not wanting to spend the rest of your life making £1 token payments for £50k debt; but on the other hand you could view this as a £50k interest free loan costing you only £9 per month

                            Di
                            Last edited by Diana Mayhew; 3rd September 2019, 19:12.
                            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

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