fwil's diary

[Never-In-Doubt]

Re: fwil's diary

My instinct is to take this Co-op one on the chin, aim to pay off within 6 years but fight any unenforceable ones.
Could there be much to be gained from bringing up the '6 months arrears' markers Co-op have been putting on my credit report for 2 years+ or is it more of a delaying tactic?

You could raise a dispute with the CRA and state that the marker should have been changed to a Default after 6 months and that 2 years of '6' markers is not compliant within the CRA guidelines as issued by the ICO. Ask them to deal with the data controller (the creditor/dca controls the data) directly due to you being in deadlock with them over other issues and as data processor (the CRA is processing the data), you're asking them to deal with it.

[fwil]

Re: fwil's diary

Finally received CCA from Post Office today.

I was under impression it had been sold to DLC but they say Bank of Ireland remains creditor of the account.

I can't see the CCA being unenforceable, its got everything there and was 2009.

They have also sent me 'Latest Terms and Conditions' which says monthly minimum payment is £1300! The balance is only £1600.
It also says I can pay 2.5% per month or 1% plus interest?

My preference is to continue paying the £5 / month I used to pay with my DMP.

Would it make sense to stop payments until it got sold off, thereby avoiding any interest charges in the future?

Thanks

[Never-In-Doubt]

Re: fwil's diary

Did they issue a default notice?

[fwil]

Re: fwil's diary

Yes, defaulted since October 2012

[Never-In-Doubt]

Re: fwil's diary

No. A default under s.87/s.88 Consumer Credit Act

--> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[fwil]

Re: fwil's diary

Marked as a Default on my credit report since Oct 12. That is the same thing isn't it?

[Never-In-Doubt]

Re: fwil's diary

Marked as a Default on my credit report since Oct 12. That is the same thing isn't it?

No.

--> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[fwil]

Re: fwil's diary

Oh. Just when I thought I was starting to understand it all...

So, no. No default notice via s.87 / s.88 that I'm aware of, just Defaulted account status on credit report. Sorry to go back to basics but how do i check for definite whether i'd had a s87 /s88?

[Never-In-Doubt]

Re: fwil's diary

You'd SAR the original creditor. Free template -> http://forums.all-about-debt.co.uk/s...l=1#post495040

Thats what id do

[Never-In-Doubt]

Re: fwil's diary

Finally received CCA from Post Office today.

I was under impression it had been sold to DLC but they say Bank of Ireland remains creditor of the account.

I can't see the CCA being unenforceable, its got everything there and was 2009.

They have also sent me 'Latest Terms and Conditions' which says monthly minimum payment is £1300! The balance is only £1600.
It also says I can pay 2.5% per month or 1% plus interest?

My preference is to continue paying the £5 / month I used to pay with my DMP.

Would it make sense to stop payments until it got sold off, thereby avoiding any interest charges in the future?

Thanks

Carry on as normal for now and do the SAR then let us know when you get SAR info back

[fwil]

Re: fwil's diary

Thanks, will do.

Re 'carry on as normal', i haven't paid them anything since March so just carry on doing nothing until I get reply from the SAR?

[Never-In-Doubt]

Re: fwil's diary

Thanks, will do.

Re 'carry on as normal', i haven't paid them anything since March so just carry on doing nothing until I get reply from the SAR?

Yep - keep us updated with any letters / threats - a SAR can take 40+ days. Remember to address cheque to Bank of Ireland - not PO. It's only a PO branded card, issued by the creditor - BoI.

[fwil]

Re: fwil's diary

Updated first post with Tesco and Co-op latest letters.

Tesco have sent me a full and final offer, knocking 20% off the balance. As I have yet to reply to their 'we need a matching signature' letter I was surprised to get this one and makes me think its safe to assume they have no CCA?

Wondering if I still should send the 'No signature required' letter or does this move things a bit further along?

[nightwatch]

Re: fwil's diary

no need to send anything just keep waiting for the next letter and tell us what it says xxx

ps; they hardly ever send some one out to visit your home

[fwil]

Re: fwil's diary

Updated first post as Tesco have passed to Moorcroft who want contact within 7 days to avoid further action.
As I never replied to Tesco's request for 'matching signature' they never sent me the CCA.
Does this all mean they have sold while in dispute or should I try another approach? It goes back to 1999.
Any advice appreciated