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  • Moonmonkey's Diary

    Hi, new to this forum and looking for some support with the rest of my Journey. I have been in a DMP with Payplan since Feb 2013 at the time owing around £42k. I have been through multiple battles with creditors regarding interest charges and incorrect default dates and have got myself into the position whereby I only owe £5k and my last default drops off my CRA's this month

    Recently I was reading Debt Camel and I cottoned onto the CCA requests and potential unenforceable debts . So for me!! I have been very brave and sent CCA requests to all 5 creditors, with postal orders and taking control of my DMP from Payplan.

    I will now add separate posts for each of my debts and hoping for some advice and support along the way. Please let me know if this is the right approach as i'm a newby. Thanks

  • #2
    Tesco Personal Loan / Hoist Robinson Way

    Agreement Start Date: 25/01/2010
    Feb 20 Balance: £886.91
    Last Payment via Payplan: 15 Feb 2020 £78.97
    CCA requested: 27/02/2020
    CCA signed for: 28/02/2020

    06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
    We can confirm that we have received a CCA request.
    In order for us to request these documents we have had to cancel the payment arrangement that was in place.
    (good cos I have cancelled the standing order)

    Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.


    Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA for this one

    02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed
    Last edited by Moonmonkey; 2nd April 2020, 10:40.

    Comment


    • #3
      MBNA CC / Link

      Agreement Start Date: 08/08/2011
      Feb 20 Balance: £1333.12
      Last Payment via Payplan: 15 Feb 2020 £118.69
      CCA requested: 27/02/2020
      CCA signed for: 02/03/2020

      18/03/2020 - CCA recieved from Link
      They have said - The account is now enforceable and we kindly request that you contact us to make an arrangement.
      They have sent;
      • An account summary on Link Headed Paper; However they have put the Link A/C no. and balance of my Barclaycard which also has a CCA request. As this is just part of a covering letter not sure if this can be held against them?
      • Pre Contractual Explanation Sheet
      • Pre Contract Credit Information (one pager in tiny writing)
      • Credit Card Agreement with my Name and Address at the time (again one pager tiny writing)
      • 7 pages of terms and conditions
      • Emailed to Niddy - hope he can read the photos as no access to scanner from home
      21/03/2020 - Niddy says Enforceable
      Last edited by Moonmonkey; 21st March 2020, 17:36. Reason: update

      Comment


      • #4
        Barclaycard / Link

        Agreement Start Date: 31/05/2005
        Feb 20 Balance: £1118.70
        Last Payment via Payplan: 15 Feb 2020 £99.61
        CCA requested: 27/02/2020
        CCA signed for: 02/03/2020

        30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

        Luckily Default dropped of my CRA's March 2019.
        Last edited by Moonmonkey; 30th March 2020, 11:42.

        Comment


        • #5
          Nationwide CC

          Agreement Start Date: 10/12/2008
          Feb 20 Balance: £231.33
          Last Payment via Payplan: 15 Feb 2020 £20.60
          CCA requested: 27/02/2020
          CCA signed for: 28/02/2020

          13/03/2020 - Nothing Exciting - my CCA request was signed for on Friday 28/2 - that's 12+2 days right? Still no response.

          23/03/2020 - Letter received at my previous address which luckily is my mums - Just confirming they have agreed the payment plan submitted by Payplan in January. Well i'm self managing my DMP now and withholding payment until they come up with an enforceable CCA.
          Last edited by Moonmonkey; 23rd March 2020, 17:14.

          Comment


          • #6
            Sainsburys Bank Personal Loan / Wescot

            Agreement Start Date: 15/02/2008
            Feb 20 Balance: £1539.86
            Last Payment via Payplan: 15 Feb 2020 £137.10
            CCA requested: 27/02/2020
            CCA signed for: 28/02/2020

            09/03/2020 - Letter from Sainsbury's Bank Recoveries in Hull
            Saying - "We need you to call us, before we can take the next steps"


            What should I do?

            23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

            23/03/2020 - Letter from Wescot dated 11/03/2020 again sent to me muvvas - saying that they have been passed the debt from Sainsburys and refer to my arrangement through payplan.
            Last edited by Moonmonkey; 23rd March 2020, 17:22.

            Comment


            • #7
              Originally posted by Moonmonkey View Post
              I have been very brave and sent CCA requests to all 5 creditors, with postal orders and taking control of my DMP from Payplan.

              Hello

              You've got off to a good start by sending those CCA Requests.

              The phone may ring and letters may arrive once your payments stop, but hold your nerve and post on your thread about anything and everything you receive.

              There will be plenty of support from this forum.

              You're not being brave - you're being sensible.

              I look forward to helping you on your journey.

              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


              • #8
                Brilliant - thank you Di - in a way its kind of exciting

                Comment


                • #9
                  Originally posted by Moonmonkey View Post
                  Brilliant - thank you Di - in a way its kind of exciting

                  You've got the right attitude.

                  Can you edit each of your posts to add when the account was opened, as that helps to see what they need to produce in order to comply with your CCA Request - it can vary as the years go by.

                  There are other reasons for a debt to be unenforceable, not only the credit agreement, but take it one step at a time.

                  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


                  • #10
                    Originally posted by Diana Mayhew View Post




                    Can you edit each of your posts to add when the account was opened, as that helps to see what they need to produce in order to comply with your CCA Request - it can vary as the years go by.


                    Di
                    Added - based on the dates 2005 to 2011 I wonder how many will be unenforceable if any - guess its a waiting game

                    Comment


                    • #11
                      Good morning, Moonmonkey.

                      welcome to AAD.
                      if and when you get a reply from any of the above accounts, could you please update each post using the edit option, then if you use the quote option and just state 'update, this allows us and yourself, to keep everything in order, also easier to see the history of the debt and give advice as required,

                      thank you, enjoy your journey with us, please feel free to look around the site and visit other diaries

                      NW p.s. if you find mine make yourself a sandwich and a drink, its a biggy
                      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


                      • #12

                        NW p.s. if you find mine make yourself a sandwich and a drink, its a biggy[/QUOTE]

                        Haaaa thank you - probably gonna get sacked the amount of time i've been looking on here this week. Thanks for your reply - speak soon

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                        • #13
                          1 week since I sent by CCA requests...............................Bump....... ..................................Boring

                          Comment


                          • #14
                            nightwatch have i updated my diary correctly? see update above

                            Comment


                            • #15
                              It's fine it can take ages for CCA's to be replied to.

                              You saw my diary, still waiting for som from 2012
                              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

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