Turned Worm's UE Diary

[Turned worm]

Type of account (credit card/loan): Unsecured personal loan

Date commenced: July 2000

Approx. balance: £2000

Date last paid (approximate date you last made a FULL payment): June 2002

Are you on arrangement or not paying: Agreed reduced/’token’ payments since 2003

Status: Reduced payments to DCA up to date, default notice served by original lender in 2003, CRA files all clear

Account owner: DCA (assignation Dec 2008)


September 2015: Only just became aware of UE thanks to websites like AAD!


26-09-15: Sent CCA request to DCA
29-09-15: CCA request 'signed for’ by DCA
02-10-15: Received response from DCA (paraphrased below) with returned £1 postal order

‘Thanks for CCA request. Original creditor unlikely to provide documentation. DCA have taken decision to no longer pursue unless information obtained in future. Note - not a write-off, debt legally remains. Also, due to time elapsed no entry on credit file.’

Is it all over? So many years of worry, stress and payments that I couldn’t really afford finally ended for the price of a £1.73 signed for letter knocked up in 10 minutes?

A few questions:

• Should I cancel my reduced payment standing order to the DCA immediately? Should I write to them to say that I will do this in light of their response to my CCA request?

• Will/can the current DCA pass the account back to the OC or another DCA now or at some point in the future?

• Presumably I still have to wait 6 years for it to become statute barred so that it’s finished for once and for all? Rather than waiting, do you think I should offer a single months reduced payment amount as an ex gratia payment in full and final settlement of the balance? Would this kill it off for good with no possibility of it coming up at any point in the future?

Thanks all!

[Deepie]

Re: Turned Worm's UE Diary

Type of account (credit card/loan): Unsecured personal loan

Date commenced: July 2000

Approx. balance: £2000

Date last paid (approximate date you last made a FULL payment): June 2002

Are you on arrangement or not paying: Agreed reduced/’token’ payments since 2003

Status: Reduced payments to DCA up to date, default notice served by original lender in 2003, CRA files all clear

Account owner: DCA (assignation Dec 2008)


September 2015: Only just became aware of UE thanks to websites like AAD!


26-09-15: Sent CCA request to DCA
29-09-15: CCA request 'signed for’ by DCA
02-10-15: Received response from DCA (paraphrased below) with returned £1 postal order

‘Thanks for CCA request. Original creditor unlikely to provide documentation. DCA have taken decision to no longer pursue unless information obtained in future. Note - not a write-off, debt legally remains. Also, due to time elapsed no entry on credit file.’

Is it all over? So many years of worry, stress and payments that I couldn’t really afford finally ended for the price of a £1.73 signed for letter knocked up in 10 minutes?

A few questions:

• Should I cancel my reduced payment standing order to the DCA immediately? Should I write to them to say that I will do this in light of their response to my CCA request?

• Will/can the current DCA pass the account back to the OC or another DCA now or at some point in the future?

• Presumably I still have to wait 6 years for it to become statute barred so that it’s finished for once and for all? Rather than waiting, do you think I should offer a single months reduced payment amount as an ex gratia payment in full and final settlement of the balance? Would this kill it off for good with no possibility of it coming up at any point in the future?

Thanks all!

if it were me ....I'd cancel payments ....and keep that letter safe from the DCA ... And see if they write to you again

[nanna58]

Re: Turned Worm's UE Diary

As Deepie says keep the letter very very safe xx

[PlanB]

Re: Turned Worm's UE Diary

Account owner: DCA (assignation Dec 2008)
‘Thanks for CCA request. Original creditor unlikely to provide documentation. DCA have taken decision to no longer pursue unless information obtained in future. Note - not a write-off, debt legally remains.

Is it all over?

Hello Turned Worm and to AAD

Who is the creditor for this debt? Is it the original creditor or has it been sold on to a debt purchaser?

We know all the usual suspects and can predict their next move with some accuracy.

I note your questions about whether you should/shouldn't cease your payments which we'll respond to when we have a tiny bit more info.

Can we help you with any other debts, if you've got any other debts that is

Plan B x

[Turned worm]

Re: Turned Worm's UE Diary

Thanks all.

Will certainly keep the letter very safe!

@ PlanB: Will PM the DCA name if that's OK? Probably being a bit cynical and paranoid but trying to maintain anonymity as much as possible until all resolved. Happy to reveal all once I feel more confident.

The debt was sold by OC to DCA in 2008.

I do have a number of other pre-2007 CCA-regulated debts but am picking them off one by one. Just dipping my toes in the UE water with this one first to get a feel for the depth! Reading other diaries it seems it can get quite choppy and I don't want to sink!

[PlanB]

Re: Turned Worm's UE Diary

@ PlanB: Will PM the DCA name if that's OK? Probably being a bit cynical and paranoid but trying to maintain anonymity as much as possible until all resolved. Happy to reveal all once I feel more confident.

The debt was sold by OC to DCA in 2008.

Okay fine by me. I know the feeling when DCAs make you paranoid I have 23 debts of my own.

Feel free to email me using planb@all-about-debt.co.uk

Plan B x

[Turned worm]

Re: Turned Worm's UE Diary

So - is it now really just a case of stopping payments and seeing what happens?

Any value in writing to the DCA to say I intend to this as they have notified me that they have taken the decision to no longer pursue the amount claimed to be outstanding?

Are they allowed to pass it on to another DCA/solicitors having already acknowledged that the OC is unlikely to be able to provide a CCA?

[nightwatch]

Re: Turned Worm's UE Diary

Yes, stop the payment's
NO need to tell them, they have closed the account
they may pass it back to the OC,
they may ask for payment, but you are not obliged to pay them anything & they cannot pursue this in court without the paper work xx

[cymruambyth]

Re: Turned Worm's UE Diary

They have said that they are no longer pursuing, so I would take that to mean that they no longer require any payments. I wouldn't waste paper and postage writing to them.

[PlanB]

Re: Turned Worm's UE Diary

Are they allowed to pass it on to another DCA/solicitors having already acknowledged that the OC is unlikely to be able to provide a CCA?

They are "allowed" to do whatever they like with the debt since they own it (apparently).

Sometimes a debt purchaser will return a dead duck to the original creditor if the assignment was on a 'sale or return' basis. But there's usually a time limit for doing this and your debt was bought in 2008 so it's extremely unlikely that'll happen.

They have the freedom to sell it on to another debt purchaser and this sometimes happens.

If they say they're no longer pursuing you then there's nothing you need to do unless they start pursuing you again. If you hear from them or anyone else then post up on here.

In the meantime keep schtum I expect they will too.

Plan B x

[Turned worm]

Re: Turned Worm's UE Diary

Thanks for the input everyone. Will post any significant updates.

. . . time to now CCA request my other creditors that are all under pre-2007 CCAs. . . .

[Turned worm]

Re: Turned Worm's UE Diary

Thanks for moving IF. Another creditor to add to the diary:

Type of account (credit card/loan): Credit card

Date commenced: 1999

Approx. balance: £500

Date last paid (approximate date you last made a FULL payment): 2002

Are you on arrangement or not paying: Agreed reduced/’token’ payments since 2003

Status: Default 2008, reduced payments up to date, CRA files all clear

Account owner: Original creditor

10-10-15: Sent CCA request.
24-10-15: CCA response received = letter+T&Cs+credit card application form (?).
26-10-15: Emailed to Niddy for UE check.

[Turned worm]

Re: Turned Worm's UE Diary

Niddy has suggested that this thread be returned to the main forum. Really sorry but please can one of the site team move this back again for me? Many thanks.

[Never-In-Doubt]

Re: Turned Worm's UE Diary

Hi mate

its your call. The only thing is whilst it's in here you *could* miss out on valuable help from others that aren't in AAD+.

Its entirely your call. You can move all your threads here and use as a personal online diary - that's fine. Likewise, leave some public - but with diaries we leave them public so others can find similar situations and share their experiences. It's probably how you found us, searching a key word that landed you on a diary here. Maybe not but that's how most newbies find us and hence why diaries are best being public.

But mate, it's 100% your shout. All I can do is advise likely audience and in AAD+ it's deliberate that your audience will be small. It's the privacy element that's key in here

Let IF know by pm and she will sort out whatever you want. It's easy to close this and revert to the public diary or we can leave as-is.

Cheers

[Turned worm]

Re: Turned Worm's UE Diary

No worries Niddy mate. I'm just trying to play things softly, softly at the moment - keeping a low profile - probably being unnecessarily paranoid.

Anyway, I appreciate the points you have made and have now edited the post 26th October 2015, 19:19 to help maintain anonymity.

So, I am happy for this to be transferred back to the public forum (will PM IF) and look forward to receiving your view on the CCA response I emailed when you get a chance.