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  • New U/E diary

    Hi there,

    About 2 1/2 years ago I finally admitted that the mountain of debt I had amassed was too much for me to continue to service every month, with minimum payments of over £1,000 just being unsustainable and further lines of credit not being available to me (that would have been a bad idea anyway, as I now appreciate). I didn't want to enter into a formal debt solution or to use a DMP provider, so set about entering into a self-managed DMP. I've continued with that since the start of 2018 notching up some ppi reclaiming successes which reduced some of my balances, but still left a very substantial figure outstanding and I've only been able to continue to pay relatively small sums to creditors over that time, although I've generally been able to make the agreed payments each month.

    Fast forward to March this year and the current Coronavirus lockdown, which for me has meant working from home, fortunately still on my full salary. With being able to make some savings in terms of not travelling to work, trips out only for groceries etc. etc. and having come across this and other useful forums I realised that I should probably aim to start to save up so that in the future I might be able to make F&F offers and not be stuck paying off these debts for another 12 or 13 years.

    Fortunately I came across this inspirational board on AAD and that set me thinking that I should think about seeing if any of my debts might be unenforceable, which could help me to get out of debt a whole lot quicker.

    A lot of my debts are relatively recent, but having read through a lot of the posts on here I decided to send of CCA requests to a couple of them:-


    CAPITAL ONE CREDIT CARD
    Date commenced April 2000
    Approx. balance £1,200
    Date last DMP payment May 2020

    Payment amount £21
    Last Full payment approx. September 2017
    Default: February 2018
    Account owner: Cap 1
    Notes:
    ACTIONS:
    CCA request sent May 2020
    Response (letter only with no CCA) received 13.6.20
    Further copy of response letter (with CCA etc. this time) received 20.6.20
    Sent to Niddy to review -



    I've another 5 debts that I am considering sending CCA requests for, although as these are all more recent I'm inclined to think that the creditors / DCAs involved will be able to come up with compliant paperwork.

    Of the 2 that I've mentioned above you'll see that it is a waiting game with Cabot at the moment, and can only hope that they aren't able to come up with a compliant CCA from the original creditor. I'll keep the diary posted when there's any further response.

    I have been thinking of posting for a few weeks, but what has prompted me to do it today is the letter that I've received from Cap 1 in response to my CCA request (well outside the 12 days +2, but I guess understandable in the current circumstances). The problem that I have is that they have sent a letter which says that it encloses a copy of a reconstituted agreement along with a scanned copy of the original signature page, but nothing was included, just the letter.

    They go on to quote Carey v HSBC to say that resconstituted agreement is acceptable (which, thanks to you guys on here, I understand, but I also understand that as a pre-2007 CCA Cap 1 must show that a signed agreement did exist.

    Curiously, they have also said that they've refunded the £1 fee as they don't require it for a s78 request. Again nothing was enclosed, but I can't tell if they have refunded it to the account as I don't have access to it. As I have been making payments until recently it wouldn't have much effect in terms of any eventual SB date, but so long as my CCA request made clear that the £1 was for the purpose of my request, can anybody confirm that my CCA request was still compliant?

    The question is, what to do now? Do I respond and point out that nothing was enclosed with their letter or treat them as being in default of my CCA reequest as they've not provided the agreement?

    Jollyman

    Edited to put each debt in a separate post.
    Last edited by Jollyman1; 30th June 2020, 15:33. Reason: To update correspondence

  • #2

    AQUA CREDIT CARD

    Date commenced 2010
    Approx. balance £7,500
    Date last DMP payment May 2020
    Payment amount £47

    Last Full payment approx. September 2017
    Default: June 2018
    Account owner: Cabot
    Notes:

    ACTIONS:
    CCA request sent May 2020
    Response 6 June 2020 noting have contacted original creditor for CCA and meantime account is unenforceable.

    Comment


    • #3
      BANK OF SCOTLAND CREDIT CARD

      Date commenced 2016
      Approx. balance £1,500
      Date last DMP payment June 2020
      Payment amount £8
      Last Full payment approx. November 2017
      Default: June 2018
      Account owner: BoS
      Notes: administered by Moorcroft
      ACTIONS:

      Comment


      • #4
        MINT CREDIT CARD

        Date commenced 2008
        Approx. balance £850
        Date last DMP payment June 2020
        Payment amount £10
        Last Full payment approx. November 2017
        Default: May 2018
        Account owner: RBS
        Notes:
        ACTIONS:

        Comment


        • #5
          SYGMA/CREATION CREDIT CARD

          Date commenced 2010
          Approx. balance £1,200
          Date last DMP payment June 2020
          Payment amount £7
          Last Full payment approx. November 2017
          Default: July 2018
          Account owner: Lowell
          Notes:
          ACTIONS:

          Comment


          • #6
            CREATION CREDIT CARD

            Date commenced 2010
            Approx. balance £2,900
            Date last DMP payment June 2020
            Payment amount £17
            Last Full payment approx. November 2017
            Default: June 2018
            Account owner: Lowell
            Notes:
            ACTIONS:

            Comment


            • #7
              CREATION LOAN
              Date commenced 2010
              Approx. balance £7,000
              Date last DMP payment May 2020
              Payment amount £47
              Last Full payment approx. November 2017
              Default:
              Account owner: Lowell
              Notes: Never appears to have defaulted, showing late markers for past 6 months or so
              ACTIONS:

              Thinking of SAR to Creation to establish if defaulted

              Comment


              • #8
                BARCLAYCARD CREDIT CARD

                Date commenced 2013
                Approx. balance £7,800
                Date last DMP payment June 2020
                Payment amount £48
                Last Full payment approx. November 2017
                Default: January 2018
                Account owner: PRA
                Notes:
                ACTIONS:

                Comment


                • #9
                  Hi
                  Can you let us know if these companies have defaulted you and/or frozen interest.

                  Are there some other debts which you have not included , if they are unsecured might be worth looking at them.

                  Just for now I’m would hang fire on the SAR. Get the cca requests done first.

                  Comment


                  • #10
                    Oh and welcome to AAD. Using this method I got my life back and got rid of 50k of debt

                    Comment


                    • #11
                      Hi Warwick.

                      All have interest frozen and all except the Creation Loan have definitely defaulted. Did receive a letter (which I assume to be a notice of assignment) when Creation Loan was sold to Cabot, and it mentions the total balance due not having been received by them, which tends to suggest it was defaulted. There is no default showing for it on CRA reports though.

                      Comment


                      • #12
                        Sorry, should have said when Creation loan was sold to Lowell, not Cabot.

                        Comment


                        • #13
                          Originally posted by Warwick65 View Post
                          Oh and welcome to AAD. Using this method I got my life back and got rid of 50k of debt
                          Thanks for the welcome.

                          Comment


                          • #14
                            Originally posted by Jollyman1 View Post
                            I came across this inspirational board on AAD and that set me thinking that I should think about seeing if any of my debts might be unenforceable

                            . . . . They go on to quote Carey v HSBC to say that resconstituted agreement is acceptable

                            Hello

                            Joanna Connolly was the lead solicitor in the case you quote.

                            I personally feel that some debt purchasers make statements in correspondence which are not always accurate or factually correct (in legal terms). The Judgment was specific and defined exactly what and what isn't legally acceptable.

                            For a credit agreement to be accurately reconstituted you would think that the source/basis of that claim would need to be proved/evidenced.

                            I'll take a peek at your thread tomorrow.

                            I look forward to helping you.

                            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. My Direct Line is 0151 254 6986 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


                            • #15
                              Originally posted by Jollyman1 View Post
                              Hi Warwick.

                              All have interest frozen and all except the Creation Loan have definitely defaulted. Did receive a letter (which I assume to be a notice of assignment) when Creation Loan was sold to Cabot, and it mentions the total balance due not having been received by them, which tends to suggest it was defaulted. There is no default showing for it on CRA reports though.
                              You may want to complain to creation about not defaulting - they may have been charging interest up until they passed to Lowell. I took creation to the ombudsman in the end - took a year but got a backdated default and £1300 back in interest charged plus £150 compensation. I guess if you get all accounts defaulted in 2018 then you know you will have a good credit rating in 2024. :-) I have found my journey easier by looking forward instead of backwards - Good luck and look forward to reading your diary as it progresses.

                              Comment

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