Debt Diary 2020

[adam92]

Niddy says it’s enforceable at a glance but that may change as time goes on..

I’ll update the main post just to keep up to date and see what happens

[Roger]

Niddy says it’s enforceable at a glance but that may change as time goes on..

I’ll update the main post just to keep up to date and see what happens

The CCA Request plus £1 is a statuary consumer right! But this delay of a year does raise the question of why it has taken so long!

But I wouldn't jump to any immediate conclusions here. The AAD way actually is do nothing and be prepared to blag on receipt of CCA's.
Do nothing and wait and see what there next action is!

But sending a SAR is probably a sensible course of action right now.

[adam92]

The CCA Request plus £1 is a statuary consumer right! But this delay of a year does raise the question of why it has taken so long!

But I wouldn't jump to any immediate conclusions here. The AAD way actually is do nothing and be prepared to blag on receipt of CCA's.
Do nothing and wait and see what there next action is!

But sending a SAR is probably a sensible course of action right now.

I suppose Covid may have paid a part in a delay.

Am I not poking the bear in sending a SAR to Intrum?

[Roger]

The SAR goes to Original Lender NOT INTRUM!
The SAR should show the correspondence with INTRUM and explain the delay! As well as other key dates and information!
This will fill in the missing details!

CCA doesn't have anything about Pandemics!!!! Its a Snail MAIL Legislation

[Warwick65]

I have read elsewhere that working from home has meant no one to print and stuff your cca request into an envelope . My work switched to online payslips because there was no one to print or post them.

Not all home workers have access to secure networks and big organisations are increasingly keeping everything on their own networks for security.

[PlanB]

Niddy says it’s enforceable at a glance but that may change as time goes on.. I’ll update the main post

Even if the credit agreement is enforceable that doesn't mean all the other statutory duties have been complied with. From what I've read there's a question mark over the Default Notice isn't there?

I can't see this update on your main post but from memory it is now owned by Intrum who are not authorised by the FCA so shouldn't issue legal proceedings, although that doesn't mean they won't give it a go.

This is explained here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Roger]

PlanB
I hadn't forgotten Intrum's FSA status. They inherited a pleasant legal habit of Using Bankruptcy legislation against Consumer Debts! That's us poor Debtors!

As for the POOR Multinational DCA groups (and who knows how incestous their shareholders and backers are! with the Multinational Banks and suppliers of credit)
Few realise the power exerted by the creation and withdrawal of Money. The ability to force soveriegn nations to change their economic policies.

Printing and Postage? Well it cuts both ways doesn't it because the same arguments apply to the poor Consumer being denied key information (because Not printed or posted) and default CCJ's

The DCA's know their markets and the risks with the Bad Debts they queue up to BUY at pennies in the pound! My sympathies are with their victims not the executioners!

[Warwick65]

PlanB


Printing and Postage? Well it cuts both ways doesn't it because the same arguments apply to the poor Consumer being denied key information (because Not printed or posted) and default CCJ's

The DCA's know their markets and the risks with the Bad Debts they queue up to BUY at pennies in the pound! My sympathies are with their victims not the executioners!

Absolutely agree, it’s wrong if they try to go ahead without complying. That’s why here is so good as it helps people fight for justice the AAD way.

I only wanted to say that it might be a real reason for delay in complying. I remember the days when Cabot used to say it could take 40 days for a cca. Many got angry at their lying, I used to say perhaps they were just being upfront.

I have to say , back in the day, I remember getting letters from Cabot saying they were waiting for documents and would be in touch when they got them. Never heard from them again.

[PlanB]

PlanB
I hadn't forgotten Intrum's FSA status. They inherited a pleasant legal habit of Using Bankruptcy legislation against Consumer Debts!

I remember that phase from 2009 when they (known as 1st Credit) got a slap from the OFT for issuing Statutory Demands > https://www.fca.org.uk/publication/r...quirements.pdf

Di

[adam92]

So I will send a SAR to Aqua next week, is it also worth sending one to Capital One (Lowell’s) for that Cc debt or leaving that for now?

[Warwick65]

Certainly do not send one to Lowell and to be honest Cap 1 are slightly difficult- all they tried to send me was statements so I had to email back asking for ALL, even then they didn't send everything.

Ask yourself what you want to achieve from sending the SAR at this point

[adam92]

Certainly do not send one to Lowell and to be honest Cap 1 are slightly difficult- all they tried to send me was statements so I had to email back asking for ALL, even then they didn't send everything.

Ask yourself what you want to achieve from sending the SAR at this point

Hi Warwick Roger had suggested above but I wasn’t really sure why so was just inquiring further.

[Warwick65]

Hi
If I have got this right

The reason the SAR goes to the original creditor is because it is they who should have all the really important details. They will have details of any default notice issued, they will have the details of when the account was sold and hopefully who to . In my SAR cap 1 said they had sold the account on 6th to someone not mentioned but Lowell said they had bought it on the 13th. For the assignment to be good, that gap of 6 days needs to be filled in. In the same SAR there was only mention of a notice of default being issued for the full amount , not a S87(1) default Notice along with the dates of remedy etc. There might also be evidence of the debt purchaser asking (or not) the OC for a copy of the agreement. So from that 1 SAR there were at least two strong pieces of ammunition. If you send the SAR to whoever owns it now, all you will get is what happened from the date they bought it. I also found Cap 1 played dumb and just sent me some of what they held, I had to write back and almost list everything I wanted.

A CCA request is one part of a defence, a SAR can provide further detail should you need it - there is a lot more to enforceability than just the agreement.

[adam92]

Ah thanks Warwrick that makes sense.

Slightly different question for everyone, when does an account official open for a CC?
I've noticed on my CRA files, a date that is 5 days later from the application is stated.
The acceptance date for example for the application may be 05/05/1990 yet the date on file is 10/05/1990.
And in a letter from a creditor they state the date opened is 05/05/1990.

[Warwick65]

I have always taken it to be the day they executed the agreement. I know some of mine were a few days after I signed it and posted it back. Not saying that is correct though