Diary

[ttx]

I have been in a DMP for the last 7 years and have decided to manage the debts myself. The last payment made was in March. I did a couple of CCAs a few years back of old debts (that had been sold) and am now going to start with the newer ones (approx 8/9years old).

[ttx]

Intrum
£1400
AQUA credit card
Opened 2012 defaulted 2013

CCA request sent 26.11.20

[ttx]

Wescot (previously Cabot)
£2500
Natwest Credit card
Opened 2011 defaulted 2013
Arrangement to pay £5 per month

CCA request sent 26.11.20

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Cabot
£3800
RBS credit cards
Opened 2011 defaulted 2013

CCA request sent 26.11.20

CCA recieved

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Nationwide
£2600
Nationwide credit card
Opened 2011 defaulted 2013

CCA request sent 26.11.20

[ttx]

Moorcroft
£1500
Natwest Current Account
No reference on credit file
Arrangement to pay £5 per month

CCA request sent 26.11.20

[ttx]

Link
£3500
Barclaycard
Opened 2002 defaulted 2013
No CCA

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Natwest
£800
Natwest business current account
Defaulted 2013

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Natwest
£3200
Natwest business loan
no record on credit file
NO CCA

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Link
£1980
MBNA credit card
opened 2001 defaulted 2013
provided CCA

CCA sent to webmaster 26.11.20

[Joanna Connolly Solicitors]

I have been in a DMP for the last 7 years and have decided to manage the debts myself. The last payment made was in March. I did a couple of CCAs a few years back of old debts (that had been sold) and am now going to start with the newer ones (approx 8/9years old).

Hello again

I've looked at all those and have a couple of questions: have you included the ones which you've previously sent CCA Requests to, and if so which ones are they?

And is it Cabot Financial (UK) Ltd which owns the NatWest and the RBS credit cards?

Di

[ttx]

Hello again

I've looked at all those and have a couple of questions: have you included the ones which you've previously sent CCA Requests to, and if so which ones are they?

And is it Cabot Financial (UK) Ltd which owns the NatWest and the RBS credit cards?

Di

Hi
Thank you for the email, much appreciated.

The ones that i had sent CCAs to are included. They are Barclaycard (Link) - they could not provide it, Natwest business loan - they could not provide it & MBNA (Link)- they sent one.

The RBS & Natwest CC is Cabot Financial (Europe) Limited

[Joanna Connolly Solicitors]

Hi
Thank you for the email, much appreciated.

You’re welcome

Let’s now get to work on the others.

Di

[ttx]

You’re welcome

Let’s now get to work on the others.

Di

Hi Di
I have the CCAs ready to post. Are the natwest current accounts covered by CCA?

[Joanna Connolly Solicitors]

Hi Di
I have the CCAs ready to post. Are the natwest current accounts covered by CCA?

Yes they are, although they may tell you they're not.


Jo explains this issue here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not approve of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Di