gameplan diary

[Roger]

Well yes send S.78 CCA (plus £1) has to be understood as Old money Rescheduled!
Make notes on your files because That AA letter early 2010 IS VERY IMPORTANT!! So keep it very safe!
Equally those Default Notices!

I would be interested in the background to the Business Loan!
Perhaps this was also Rescheduled by Barclays

Good Diary's enable Good decisions!

Now understand that each month your £1 payments are restarting the 6 year Statute Bar clock on each of these Debts!

[gameplan]

CCA Requests sent 24/01/22.
29/01/22 received two replies:

Moorcroft - They will not make contact with me regarding collection whilst this issue (CCA) is being investigated. They need to make contact with their client which may take some time. They will keep taking the monthly payment of £1 unless I have cancelled the payment.

Wescot - They have returned the CCA letter I sent them plus the postal order. They say “We are not the creditor for this account but are instructed on behalf of the above client. (Top of letter reads - Client: Intrum owned LBG Account). In the circumstances we are returning your postal order as this needs to be made payable to Intrum. You can either send your request direct to our client or resend it to us and we will forward it on.”

Advice on this one please as I made the postal order out to Wescot Credit Services Ltd as told and not sure I can just change it.
Thank you.

[The Tech Clerk]

Their clients name as stated by them

[Still Waving]

Advice on this one please as I made the postal order out to Wescot Credit Services Ltd as told and not sure I can just change it.
Thank you.

Did you keep your post office receipt for the postal order? If so, you should be able to get a refund for the £1 (but not for the fee). Contact the post office for the procedure. You can, separately, buy another PO, made out to Intrum.

[Roger]

BUT Westcot are wrong! They have been appointed Agents! They can cash that Postal Order and remit the £1 to their Principal Intrum!

I strongly suggest you now copy Westcot's letter for your own records!

AND THEN SEND BY RECORDED DELIVERY to Intrum
1/Westcot's Letter
plus
2/ the CCA request you sent Westcot
AND
3/ that existing Postal Order!
No need to explain because Westcot's letter explains everything!

[Roger]

I should explain you know that Westcot are Agents for Intrum!
In sending your CCA request plus £1 to Westcot is correct because Intrum have instructed Westcot to Act on their behalf!
Just make a copy of Westcot's letter for your own record purposes AND forward everything on to Intrum (without a covering letter! including the Postal Order) by Recorded Delivery

Intrum are bound by that CCA request AND the £1 Postal Order is there isn't it!!! The date started as per your CCA request!!

Whether they can Cash or otherwise that Postal Order isn't your Problem!! Thats between Intrum and their Agent Westcot!

[gameplan]

Thank you all for your replies
Re AA Personal Finance Loan
Original CCA request letter and postal order plus letter I received from Wescot on 29/01/22 I have now sent to Intrum

Re Debenhams card
Bearing in mind the letter received from Moorcroft last week said in it “We will not make contact with you regarding collection whilst this issue (CCA) is being investigated” less than a week later I have received another letter from Moorcroft saying “We are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding. If you believe that we are unable to ask that your account is repaid provide us with specific details so our client can address any concerns you may have. This request is asked to also minimise potential costs and delays”.
This seems to me to be Moorcroft either trying to bamboozle me or worse to scare me.

Is there a template letter I should send them or do I just take no notice of this latest letter from them?
Thank you

[Still Waving]

File the Moorcroft letter and do nothing. Until their obligation to provide you with a true copy of the original agreement is satisfied, they can go whistle. Do not be discussing the account with them.

[gameplan]

Hi, Advice please,

One of my creditors defaulted me back in 2011 and probably the rest did. Nothing is showing on my credit report now so I presume defaults have been taken off after six years. Now I have started the CCA route can they reinstate anything on my credit report?

And all five CCA requests were delivered and signed for on 25/01/22 ..... do I wait for replies before stopping the £1 a month payments or should I stop them now?

Thank you.

[Still Waving]

Hi, Advice please,

One of my creditors defaulted me back in 2011 and probably the rest did. Nothing is showing on my credit report now so I presume defaults have been taken off after six years. Now I have started the CCA route can they reinstate anything on my credit report?

And all five CCA requests were delivered and signed for on 25/01/22 ..... do I wait for replies before stopping the £1 a month payments or should I stop them now?

Thank you.

Once any account has fallen off your credit report it cannot be reinstated.

As you have previously been advised, every £1 payment you make is restarting the Statute Bar clock (which is entirely separate from the credit reporting). I would cancel payments immediately, rather than awaiting responses to your CCA requests.

[gameplan]

Latest letter received ... More advice please

Re Barclays overdraft

16/02/22 Received letter from Barclays Head Office customer relations stating a reference number I have never seen before and thanking me for my letter dated 23 September 2021! The letter is definitely in reply to recent CCA request they received from me on 25/01/22! They give detailed explanation which basically says section 77 and 79 of the CCA request does not apply to running account credit agreements such as an overdraft but section 78 does apply to executed agreements.
They add section 78 refers to statement of account and if I wish for them to provide statements I should send them details of the accounts and the period I require statements for. They must know what account this is all about as I have been paying a £1 a month since 2011!

[Still Waving]

Latest letter received ... More advice please

Re Barclays overdraft

16/02/22 Received letter from Barclays Head Office customer relations stating a reference number I have never seen before and thanking me for my letter dated 23 September 2021! The letter is definitely in reply to recent CCA request they received from me on 25/01/22! They give detailed explanation which basically says section 77 and 79 of the CCA request does not apply to running account credit agreements such as an overdraft but section 78 does apply to executed agreements.
They add section 78 refers to statement of account and if I wish for them to provide statements I should send them details of the accounts and the period I require statements for. They must know what account this is all about as I have been paying a £1 a month since 2011!

I think they are misleading you.

"78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—"

further subsections mention the obligation to provide statements, but that is not what you are specifically asking for.

EDIT: There is an AAD+ template letter concerning requests relating to overdrafts.

[The Tech Clerk]

Additional Points of Reference - Bank Account CCA's

[gameplan]

Re: Barclaycard

Received letter from Link saying original creditor has confirmed that they are currently unable to comply with CCA request 12 day timeframe. Adding that although account is currently unenforceable the balance remains collectable and creditors can still register and continue reporting defaults.

I will wait until they produce documents in response to CCA
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Re: Barclays overdraft

Still a little confused with letter I received from Barclays in reply to the CCA request I sent them regarding overdraft but after reading the info The Tech Clerk pointed out am I correct in now sending Barclays the template letter in “Section 1 - Starting Out” entitled “Bank Accounts - CCA Request (Part 1)”

Thank you

[Colin G Quinn]

[QUOTE=gameplan;n1544186][SIZE=14px][FONT=Arial]Re: Barclaycard

Received letter from Link saying original creditor has confirmed that they are currently unable to comply with CCA request 12 day timeframe. Adding that although account is currently unenforceable the balance remains collectable and creditors can still register and continue reporting defaults.

I will wait until they produce documents in response to CCA
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Hi,

There is a UK Supreme Court authority Judgment which provides that a 'creditor' has a duty to ensure a credit agreement remains enforceable before continuing to report a default to the credit reference agencies.

So if they deem the agreement unenforceable, which it is in law as they can't comply with a statutory request, then they should not be reporting a default on your credit file until such a time that they believe the agreement to be enforceable.