sebaab's diary

[Never-In-Doubt]

Re: sebaab's diary

mine was a letter of facility obviously time has changed method

Unless it was like in the 80's then you'll be fine. It's still a form of credit - whether they issued correct paperwork or not is a totally separate issue. What matters is did they issue what they should have issued and were you fully aware of cost implications / interest / repayments / default sums etc - which all count as well.

so here we go I have just got myself an overdraft with my new Bank = see what your up date means all done easy no questions but what about earlier overdrafts people with the old account had - before CCA1974 on them? did they get asked to sign CCA1974 I know I did not on an old account! better CCA1974 all round safeguards both sides!

So are you talking lloyds? If not, who was the bank? Lloyds for instance, on page 2 (outgoings / income) - just above the "enter your password to proceed" button has a few links - the contract. It refers to the CCA throughout. You are meant to open & read it then tick the box -> then enter password -> then apply.

In the old days (ie 10+ years ago) it was similar - not the tick in the box as much but if you applied in branch you'd still sign an agreement. Whether the bank staff made you read it was a totally different point - it was still under the CCA as a regulated product.

As your recent overdraft is post 04/2007 and utilises tick-in-the-box signature, you'll find this is 100% enforceable no matter.

[The Tech Clerk]

Re: sebaab's diary

yes that lloyds one in fact a box appeared at the bottom with my usual data (password) , then I received info to read once they agreed and ticked it,.. times change


the long time old account was HSBC (Midland), Nationwide I did not bother applying for an overdraft facility , then changed lloyds.

[Never-In-Doubt]

Re: sebaab's diary

No there's a link with an agreement / rates / charges etc mate. I'll get a screenprint now.

[Never-In-Doubt]

Re: sebaab's diary

[Never-In-Doubt]

Re: sebaab's diary

You see all that before you enter password. That's the contract mate. As such it's regulated. As it's regulated the CCA applies.

[The Tech Clerk]

Re: sebaab's diary

ah! that was it.

[Pixie]

Re: sebaab's diary

Hi Pixie, my line of thinking is to let sleeping dogs lie for the time being. They are not giving me any pressure at the mo. Unless you guys suggest otherwise of course

The debt:

Debt 3
Type: Bank Overdraft (Natwest)
Start Date: 1991 (opened account)
Balance: 2.7k
Last full Payment (interest payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: arrangement
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec from Wescot "contact us directly to discuss your situation"

I hadn't read back so I understand now. Let us know when you hear from them again.

[sebaab]

Re: sebaab's diary

Debt 4
Type: Credit Card (Barclaycard)
Start Date: 2008
Balance: 5.2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: PRA Group UK
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
20 Jan 2017 from PRA Group "Your account is being managed by our investigations and Litigation Department to look at your outstanding debt for possible litigation recovery." "If we do not hear from you within 14 days we will move to the next stage"
8 Feb 2017 from PRA Group "This is a letter before claim as required by the Practice on Pre-Action Protocols, to give you notice of PRA Group's intention to issue court proceedings against you" Gives details of the "written agreement" that I entered into.
Feb 2017 CCA request sent to PRA Group
Update Feb '17 Letter from PRA Group "Dear Mr (Incorrect Surname!)", "I've requested the required information. Until this is received I have placed your account on hold", "I will contact you as soon as possible"

Update today from PRA trying to find my docs. Couldn't even get my name right!

[sebaab]

Re: sebaab's diary

Debt 1

Type: Credit Card (Barclaycard) (Formerly Egg Card)
Start Date: 1999
Balance: 4.5k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: up to date
Account Owner: Link Financial Outsourcing
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
21 Oct 2016 from Asset Link Capital "we have assigned Link Financial Outsourcing Ltd to service your account. Please continue with your regular payments"
Feb 2017 CCA request sent
Update Feb '17 Letter from Link Financial "You've requested documents under section 77/88", "We purchased your debt from Barclaycard in Sept 2016", "We've requested the documents", "Can take up to 30 days"

Update: letter from Link saying they've requested documents.

[Susie]

Re: sebaab's diary

Couldn't even get my name right!

that cold be the reason they cannot find the documents

[sebaab]

Re: sebaab's diary

Hopefully that'll be the case Susie

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: M&S
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"

New letter today from Moorcroft. They've asked M&S for the CCA docs

[sebaab]

Re: sebaab's diary

Debt 7
Type: Credit Card (RBS)
Start Date: 2010
Balance: 1.2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec 2016 from Wescot Credit Services Ltd "contact us directly to discuss your situation"
Feb 2017 CCA request sent
Feb 2017 letter from Wescot "Following your recent request for a copy of the signed agreement , our client has requested you write to the following address and state in your covering letter that this is section 77/78 request and enclose a £1.00 postal order or cheque payable to our client (******address of client here*****), trusting the above clarifies the situation"

Letter today from Wescot with the above ^^^^ like they don't deal with CCA requests?!

[sebaab]

Re: sebaab's diary

Debt 6
Type: Credit Card (Santander)
Start Date: 2006
Balance: 2.3k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: up to date
Account Owner: (Was SCL Collections) Now Santander
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
23 Dec 2106 from Santander "Notice of Sums in Arrears"
10 Jan 2017 from Santander "Please make a payment", "We may be charging you fees for missing payments"
23 Jan 2017 from Santander "Notice of Default Sums"
31 Jan 2017 from Santander "Please call us urgently"
7 Feb 2017 "We need you to repay the outstanding overdue amount", "if you don't you will need to pay the whole outstanding balance instead of just the arrears"
Feb 2017 CCA request sent
Feb 2017 Letter From Santander "As you have not made a payment to clear the arrears, we now need you to clear the full balance outstanding of £x,xxx. Please make a payment by ringing us on xxxxxxxx"
22 Feb 2017 Checked Royal Mail and CCA Request Letter hasn't been delivered yet (Posted 1st class signed for on 10th Feb)

Update: Received letter today asking for full payment of outstanding balance. Strange because I sent a CCA request on the 10th Feb. However, looking on Royal Mail site it hasn't been delivered yet so will wait a few days and send another if still no joy. Good job it wasn't urgent!!!!

[sebaab]

Re: sebaab's diary

Debt 8
Type: Credit Card (Natwest)
Start Date: 2010
Balance: 3k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec 2016 from Wescot Credit Services Ltd "contact us directly to discuss your situation"
Feb 2017 CCA request sent to Wescot
Feb 2017 letter from Wescot "Following your recent request for a copy of the signed agreement , our client has requested you write to the following address and state in your covering letter that this is section 77/78 request and enclose a £1.00 postal order or cheque payable to our client (******address of client here*****), trusting the above clarifies the situation"

Update received today from Wescot saying send CCA request to Natwest!!