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  • #16
    Thanks for your comments Di.

    Yes I sent seven CCAs to Niddy and four are considered to be unenforceable, which was quite surprising given the relative newness of the accounts.

    The other two creditors (Ratesetter and MBNA) - I have not requested the CCAs yet as they have never asked for any payment since I stopped paying the full amount almost two years ago.

    There has been silence from the creditors I was paying token amounts to up until August this year. Although this may be due to me disconnecting my home phone

    I will continue to update the thread and ask for help, especially the HSBC and Tesco ones which could prove to be a bit more problematic.

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    • #17
      Originally posted by Ballister View Post
      Debt 9
      Tesco
      • Type of account – Credit card
      • Date commenced – Sep 2016
      • Approx balance - £5,200
      • Date last 'full' payment – November 2017
      • Arrangement – was paying £1 per month until September 2019
      • Status - defaulted 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
      October 2019 - letter from Tesco - we haven't received your payment.
      December 2019 - letter from Tesco saying if I don't get in touch they may send the account to a DCA, sell it to a debt purchaser or take court action
      Jan 2020 - letter from Tesco asking me to get in touch or they may take court action

      I see that Tesco have started to make noises.

      I expect they will now assign the account to a debt purchaser in preference to taking court action themselves.

      Update on your thread when you hear from anyone since Niddy has already deemed the credit agreement enforceable, so you'll probably be looking for other flaws, and the assignment can sometimes be problematic.

      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

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      • #18
        Thanks for looking in Di. Yes they have been leaving me quite a few voicemails as well. They are currently the only creditor out of the 9 contacting me but I will post up if things escalate.

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        • #19
          Originally posted by Ballister View Post
          Thanks for your comments Di.

          The other two creditors (Ratesetter and MBNA) - I have not requested the CCAs yet as they have never asked for any payment since I stopped paying the full amount almost two years ago.

          Meanwhile in other news, have you heard anything more from MBNA?

          You didn't send them (or Ratesetter) a CCA Request because they had fallen silent so you sensibly decided not to wake them up by drawing attention to yourself.

          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


          • #20
            No I have had no contact whatsoever from either of them. Ratesetter have never contacted me since I stopped paying them over 2 years ago. My credit report since that time has UC unclassified markers and shows as up to date!

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