Moonmonkey's Diary

[Roger]

can you remind me of the correct email address please - thanks Roger

#Niddy webmaster@all-about-debt.co.uk

[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

Update sent to Niddy

[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

Update - Thank you so much for your time Niddy

[Roger]

Update - Thank you so much for your time Niddy

Well many AAD have blagged through to Statute Barred.
The AAD response to receiving a CCA S.77/78 is silence!

But you need to do a little homework here!
a) A SAR to MBNA especially after Link have responded to the CCA would be a good idea because it will reveal any correspondence between Link and MBNA.
b) A SAR to Payplan to see what correspondence they may be holding or have received.
c) Who was the debt purchaser who was assigned this debt ? Was this Asset Link Capital (No 5) Ltd who are not authorised by the FCA - their permissions ended/lapsed on 31/01/2015 so they are not authorised to issue legal proceedings.

There are many reasons for UE and in the present Financial/Covus virus world a Bad Debt may well be worthless to a speculative DBA. These Debts rank far below the Health, Housing, Food, Employment etc..

They will nodoubt pester and ask BUT for the moment SILENCE! and block their Calls, Emails, SMS.

[Moonmonkey]

I see what your saying Roger - but my plan was and is always to settle the enforceable ones as I Cannot risk a ccj - I need to get a mortgage in 2 years and that is my life goal !! I am only doing this process as I thought I might be able to get some really low f&fs and be debt free quicker - only 5k left of 46k and if I continued to pay them I would be debt free by December - so I’ll see what happens with the other 4 ?????????? Thanks for your advice

[Roger]

I see what your saying Roger - but my plan was and is always to settle the enforceable ones as I Cannot risk a ccj - I need to get a mortgage in 2 years and that is my life goal !! I am only doing this process as I thought I might be able to get some really low f&fs and be debt free quicker - only 5k left of 46k and if I continued to pay them I would be debt free by December - so I’ll see what happens with the other 4 ?????????? Thanks for your advice

But the world's economy is in turmoil because of the pandemic.
This means revising plans and asperations. You are a long way off of a CCJ by the way. A courts assessment of your available income and outgoings NOW is likely to be very different from what it would have been two weeks ago.

Link do not seem to a company that makes offers! But they do make demands.

The determinate I guess will be your Credit Score and how much longer these Debts will remain on the Credit records.
But remember there is also the Statute Bar 6 years (5 in Scotland) and this will be from your last admission of Debt.

In the End the choice of course is yours.

I have simply pointed out the complete change in the global economy within a matter of couple of weeks.
There is for instance now agreement for a temporary mortgage holiday plus government relaxation on taxes/VAT including a considerable contribution towards wages/salaries for staff whose employment is threatened. What impact will this have on House Sales?
Any court would need to consider this in any debt/costs assessment. Say £1 per month!!

So you today have a better leverage now with a DCA than you did say last month!!

Look at what LINK have to lose here! Let them come begging if you wish to consider F&F But I wouldn't offer them anything at this time but SILENCE

[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.

Update

[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.

Update

[Moonmonkey]

[QUOTE=Roger;n1533999]

The determinate I guess will be your Credit Score and how much longer these Debts will remain on the Credit records.
But remember there is also the Statute Bar 6 years (5 in Scotland) and this will be from your last admission of Debt.

The last one dropped off my CRA's today Equifax up to 556 Excellent

[Roger]

[QUOTE=Moonmonkey;n1534017]

The determinate I guess will be your Credit Score and how much longer these Debts will remain on the Credit records.
But remember there is also the Statute Bar 6 years (5 in Scotland) and this will be from your last admission of Debt.

The last one dropped off my CRA's today Equifax up to 556 Excellent

Good
The debt can't go back onto CRA's But off course a CCJ could. But you are a long way away from a CCJ.
I would refer back to https://all-about-debt.co.uk/forum/d...97#post1533997
I personally wouldn't initate any offers with LINK at this time!!
I would not pay anything and maintain a SILENCE.

[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.

UPDATE ABOVE

So from everyone's experience, does this mean they have looked for it but don't have it? What are the chances of them finding it?

[cymruambyth]

Slim. Barclaycard are known to have lost a lot of documents. Keep the letter safe because Link may ‘forget’ that they have sent this letter or pass your account to another firm for collection.

[Timewilltell]

Given current Covid-19 situation now is prime opportunity for non payment? No income and all that.

[Moonmonkey]

Yeah I’ve stopped payments - and building up a war chest !! Although I don’t want to go to war

[Moonmonkey]

In other news - 999 on Experian !! Haven't seen that for about 8 years.