New U/E diary

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: Cab*t
Notes:

ACTIONS:
CCA request sent May 2020
Response 6 June 2020 noting have contacted original creditor for CCA and meantime account is unenforceable.
Response received later in 2020 with CCA which I have currently misplace, but which I don't believe to be enforceable, but not checked by Niddy.
Cabot passed to Robinson Day, didn't engage with them.
May or June 2021 back with C*bot, repeated letters and phone calls asking for contact.
Passed to Sho*smiths debt collection arm who requested I&E and proposals for payment or they may start legal action if don't hear within 14 days.
Fast fwd to end Sept. 2021 and court papers received, intimated intention to defend

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.

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