Moonmonkey's Diary

[Moonmonkey]

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

[Moonmonkey]

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 .21 paid since 29for 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

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

04/05/2020 - Letter from Robway.

We would like to confirm the details we have for you

• your account was passed to hoist finance uk holdings 2 limited on 28/1/2016
• there has been £2966.21 paid since 28/1/2016
• your default date is 24/3/2014
• current outstanding balance is £886.91
• your account was opened with original creditor on 25/1/2010

as we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file.

The above account remains outstanding, and we want to work with you to make an affordable arrangement.............etc etc.

at the moment we may be able to offer you a reduction in the amount you owe, get in touch to discuss a reduced amount.

We have held your account for 14 days to allow you time to do this, after collection activity will resume

7/5/2021 - forgot to add some important info at the end of their letter. "We now consider your dispute closed" - my dispute being a request for a CCA, not really a dispute - anyway. Sitting on my hands now

12/05/2020 - Another 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. They already sent one of these on 2/04/2020

05/06/2020 - just popped onto the Robinson Way customer Portal / Website, and there is a button that says "settle account". I very nearly stuck 10% of the debt in and clicked submit. I need talking down - I'm like an alcoholic and i have just walked into a Weatherspoons.

09/06/2020 - FFS just picked up the phone and it was Robinson Way - went through security and asked me why i wasn't paying - I said that they have not complied with my CCA request so the debt was unenforceable. He had to go and speak to a manager but he thinks if its unenforceable they will close the debt down and pass it back to Tesco. He also said he needs more info from his Manager and will call me back .............

[Moonmonkey]

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

28/04/2020 - Settled for 60% - Happy with that

20/05/2020 - Letter received from Link confirming i owe nothing for this debt following settlement

[Moonmonkey]

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.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

September 2020 - picked the phone up to Link - advised that the CCA was outstanding and that why i wont be paying.......

3 days later CCA in the post - address was wrong - they just added last know address.

Niddy says unenforceable

Weekly phonecalls that I am ignoring - i'm a little twitchy about this one though

23/10/2020 - like a plum i picked up the phone to Link (thought it was Oak Furniture Land) - wanting me to set up a payment arrangement. Said that the CCA I received was invalid and i wouldn't be paying. They said they would get the original agreement in the post. Feel i'm making the situation worse

05/11/2020 - statement received from link - obviously still trying to rustle up the CCA

17/11/2020 - already a couple of calls this week, an automated Vmail and a text from Link (all ignored) - Not gonna lie this one is stressing me out.

11/01/2021 - letter received last week from Link - we have been unable to contact you etc and need to make a repayment plan

09/10/2023 - Statement Recieved from Link - filed

[Moonmonkey]

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.

27/04/2021 Letter Recieved account has been referred to ARC (Europe) Ltd

[Moonmonkey]

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.

24/04/2020 - I offered them F&F of 10% awaiting response.

20/05/2020 - Letter from Wescot dated 5/5/2020 saying that they are looking into my request and account is on hold for now.

Feb 2021 - 6 month statement from Sainsburys bank

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017 - only had £1 in interest and charges hence the £14 cheque

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot but will continue to be managed by Wescot - I see this as a good thing that Cabot have purchased the debt and still no sign of the CCA. Filed

[Joanna Connolly Solicitors]

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

[Moonmonkey]

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

[Joanna Connolly Solicitors]

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

[Moonmonkey]

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

[nightwatch]

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

[Moonmonkey]

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

[Moonmonkey]

1 week since I sent by CCA requests...............................Bump....... ..................................Boring

[Moonmonkey]

nightwatch have i updated my diary correctly? see update above

[nightwatch]

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

You saw my diary, still waiting for som from 2012