RonaldMcDonalds Diary

[RonaldMcDonald]

Hi there, glad I found this forum which from reading various posts has been very helpful already. Details of my various debts are below. The general overview is that I have been in a DMP with Stepchange for about 6 years, paying approx £130 per month which is distributed across these 5 accounts.

I have sent CCAs to all, but only IDEM have come back with paperwork, which Niddy confirms as unenforceable. (thank you Niddy). The others confirm they dont have anything at present and acknowledge the debts are at present unenforceable. I made a full & final settlement (about 10%) to all of them, following their initial acknowledgement of no CCA's, as I would like closure (or at least I thought I did). Only Link came back with a counter offer of 65% of the total debt. All of these accounts have now dropped off my credit file.

So I'm now faced with what to do, and based on other threads, I'm thinking the strategy is perhaps to end the DMP with SC, therefore stopping payments, sit back and wait to see what happens. (why would I pay an unenforcebale debt, right?) So Im wondering if this is the right strategy? Do I go back to IDEM and tell them that their claimed CCA is unenforceable? Do I go back to all reminding them that they are unenforceable, that I'm now paying nothing, and reiterate my F&F settlement and put a time limit on that for acceptance? All these debts date from around 03 - 05. Details coming up.......

[RonaldMcDonald]

DEBT 1
Debt Holder: IDEM (originally Halifax)
Account Opened: 2005
Type: Credit Card
Total:Approx: £9000
Defaulted: Early 2014
Last Payment: Sept 2020 (through DMP)


Sept 2020 - CCA requested (recorded delivery)
Sept 2020 - Initial Response. Unable to supply CCA
Seot 2020 - F&F offer made by me in writing
Phone Call from IDEM, asking me to submit income/expenditure to SC. They suggested dropping to £5 per month to show income dropping to have a chance of F&F settled. (NIce guy to be fair!)
Oct 2020 - IDEM provide "copy loan agreement, T's&C's and statement". Niddy confirms unenforceable

[RonaldMcDonald]

Debt 2
Debt Holder: PRA (Originally Barclaycard)
Account Opened: 2003
Type: Credit Card
Total:Approx: £7500
Defaulted: Early 2014
Last Payment: Sept 2020 (through DMP)


Sept 2020 - CCA requested (recorded delivery)
Sept 2020 - Initial Response. Unable to supply CCA. They also attached a letter from Barclaycard to me (even though I didnt write to Barclaycard) saying they couldnt provide an executed agreement, although they did attached T's&C's. It also states the ususal, I must continue to pay, they report to credit agencies etc
Sept 2020 - F&F offer made by me in writing

[RonaldMcDonald]

Debt 3
Debt Holder: PRA (Originally Barclaycard)
Account Opened: 2003
Type: Credit Card
Total:Approx: £6000
Defaulted: Early 2014
Last Payment: Sept 2020 (through DMP)


Sept 2020 - CCA requested (recorded delivery)
Sept 2020 - Initial Response. Unable to supply CCA
Sept 2020 - F&F offer made by me in writing

[RonaldMcDonald]

Debt 4
Debt Holder: Link (Originally MBNA)
Account Opened: 2004
Type: Credit Card
Total:Approx: £3500
Defaulted: Early 2014
Last Payment: Sept 2020 (through DMP)


Sept 2020 - CCA requested (recorded delivery)
Sept 2020 - Initial Response. Confirm that MBNA are unable to supply CCA
Sept 2020 - F&F offer made by me in writing
Oct 2020 - Counter offer to settle received at 65% of total

[RonaldMcDonald]

Debt 5
Debt Holder: Link (Originally MBNA)
Account Opened: 2004
Type: Credit Card
Total:Approx: £4000
Defaulted: Early 2014
Last Payment: Sept 2020 (through DMP)


Sept 2020 - CCA requested (recorded delivery)
Sept 2020 - Initial Response. Confirm that MBNA are unable to supply CCA
Sept 2020 - F&F offer made by me in writing
Oct 2020 - Counter offer to settle received at 65% of total

[RonaldMcDonald]

Thats the lot, so any pointers greatly appreciated.

[nightwatch]

Hi and welcome.

1st let me say you never tell them it is UE or why it is UE, they may try and resolve it,
2nd never remind them you are still waiting for a CCA, as above they may try and resolve it,
This is so things work in your favour later on.
3rd never talk to any of them on the phone
4th WHEN you stop paying SC and your creditors find no payment is appearing in their Christmas fund, You will get a barrage of calls and letters and e-mails now too,
Please refrain from replying to them, get on here and update your diary with what you have received, not word for word, rough idea, then someone can give you an idea of what you could do next.

Idem will say they have abided with your CCA request, to be honest they have, because a CCA request is for information only, It tells you what they have, so If UE, means it cannot be enforced through the courts,
this doesn't mean they can't ask you for payment, let me tell you they will, but you don't have to pay,
Stepchange does not recognise UE so will still expect you to pay all debts. so you will need to stop the repayment plan with them, they are subsidised by the very people that are chasing you for payment's.
Now put that£130 a month to one side, so it can be used for any F+F later down the line, I used mine for a 60th in Aruba, or a fighting fund for any that like to chance a fight with Jo&Co.
as the accounts are off your credit file, not paying them cannot harm it, they can only be defaulted once.

enjoy your journey with us

NW

[nightwatch]

Barclaycard are carp at keeping the paperwork.

You don't say what year they were opened?

To be honest , if you are still paying them, they won't rush to say if they have the correct paperwork or not. they know that payment's will stop if they tell you they don't.

[RonaldMcDonald]

Thanks very much nightwatch for your reply. The "Date Commenced" is the date the accounts were opened. I will amend that however to avoid any confusion.

OK, so next step is that I am going to end the DMP with SC. Can I ask, do these companies have any rights to start adding interest, penalties etc etc, once Im out of the DMP, that results in the the total debt increasing (notwithstanding the fact that they may be UE)? Also do these companies typically accept F&F's, I would have thought that if they know they dont have a chance of enforcing, and payments have stopped, would it not be logical to take what they can and move on?

Oh, and Im moving house soon. Any reason not to advise them of my new address?

[nightwatch]

Once a debt defaulted interest is normally stopped, it should not be added once it is sold on, although some debt buyers liked to try,
knowing if it is UE puts you in a better bargaining position for a low F+F, but to be honest, I am sat here shouting "Why do you want to pay????" They are not enforceable

You don't have to tell them you are moving But I would set up a redirect with the P.O.
It has been known for some debt owners to send court papers to your old address to get a CCJ by default.

[RonaldMcDonald]

Its not that I WANT to pay, but I suppose considering that I was looking at £30k + of debt, I would put some value on drawing a line under it fairly quickly, once and for all, for a small payment, rather than having a bit of an open ended to-ing and fro-ing session over a sustained period. However, as time goes by, the thought of paying nothing is becoming ever more appealing!

Last question for now, do debt companies typically go for CCJ's if they know the debt is unenforceable (which presumably they do know, in my case at the moment)? Or do CCJ's only happen when they have all their ducks lined up?

[nightwatch]

30k piff !! Hubby and myself owed over 130k when I started a self managed repayment plan,
I was happily paying till one was sold to a company of bully boy tactics, Put my back right up, went on line looking for help, found AAD, not a penny paid again,
Still get a letter or two from the DCA's , was thinking of sending one an anniversary card next year will be the 10th one of not getting any money.

You Have a Couple with PRA who can be a little over zealous with court papers but they have kindly sent you a letter from barclays saying they don't have the Paperwork.
BUT i wouldn't worry about court yet, you haven't stopped paying them.

our preferred solicitor Joanna Connolly Solicitors, has been exceedingly good at swatting away the attempts of PRA. 1st advice is always free.
plus Di Mayhew has been in battle with them and won.

as for the others I started my journey with AAD in 2011, i haven't had to use the free advice YET. have a read, it's a looooooong one;


https://all-about-debt.co.uk/forum/d...-diary-of-debt

[Joanna Connolly Solicitors]

do debt companies typically go for CCJ's if they know the debt is unenforceable (which presumably they do know, in my case at the moment)? Or do CCJ's only happen when they have all their ducks lined up?

Hello

*Neither* is the answer to both those questions.

Sending a s77-79 CCA Request does not automatically trigger a claim. In fact it could achieve the opposite effect.

You say you presume they know the debt is unenforceable, but only a Judge can deem a debt unenforceable.

s77-79 CCA is for 'information' purposes only not 'proof' purposes. They can comply with that section (s78) but fail to comply with other sections of the Act.

In the case of Santander v Diana Mayhew (me) I lost the s78 legal argument because the DJ rued that they had sent me 'something'. However that 'something' didn't comply with another section of the Act (s61) so the claim was dismissed.

Read Paragraphs 11 and 14 of my judgment > https://www.bailii.org/ew/cases/Misc/2012/14.html

Di

[The Tech Clerk]

judges can state if unenforceable - BUT many occasions they mis direct themselves, but have the last word