Pookies UE Diary

[Deepie]

Re: Pookies UE Diary

If you have any question's you can post here > Unenforceability General Questions & Answers

[Deepie]

Re: Pookies UE Diary

Hi again Pookie and Pixie,

Hope I'm not hijacking your diary by posting this question here, but is getting a Notice of Assignment from a DCA an indication they've bought the debt rather than just acting for the creditor?

Yes they have bought the debt...
A Notice of Assignment is needed to record transfer of legal rights. It is generally a reasonably straightforward procedure, but all parties involved need to be aware of the assignment.

[oldyboy]

Re: Pookies UE Diary

Hi again Pookie and Pixie,

Hope I'm not hijacking your diary by posting this question here, but is getting a Notice of Assignment from a DCA an indication they've bought the debt rather than just acting for the creditor?

[Pixie]

Re: Pookies UE Diary

Hiya Pookie

I don't know much about defaults dropping off credit files as I've only had mine about a year so a long way to go yet.

I should think that the CRAs are probably just a bit slow. I'd leave it a few weeks then check again.

Regarding the overdraft, the debt is enforceable regardless of cca. Are you sure the debt has actually been sold ie have you had a letter informing you? Debts are often just passed around different dcas but are still owned by the OC. I'd blag this one and then arrange a payment plan or F&F if they come up with legal threats. Just keep us informed.

[oldyboy]

Re: Pookies UE Diary

Hi Pooks,

I can't answer directly your question about default removal, but, as I look forward to some dropping off my CF next year, I'm also curious to know how long it takes for them to disappear. Can I ask that you post again when it does drop off?

I opened a parachute bank account a while ago. When I checked my CF the following day with one of the 'leading' CRAs, their search was already recorded. But, it took a whole week for them to send me an email alert to say that my file had changed. They might just be sloooooow!

Overdrafts, as far as I know, aren't covered by the CCA at all, so unenforceability can't be used on these.

[garlok]

Re: Pookies UE Diary

Sadly pookie, you have little or no protection when it comes to overdrafts. Overdrafts are not covered by CCA1974, normal terms and conditions with ODs usually mean that they can recall the overdraft at any time, in full without notice although some do relent and there is a notice period even when you are servicing it properly. There will usually be no agreement as such, there may be a contract and you should check carefully what it says. However like all debt they can buy and sell at will as they must be accounted for as assets under Companies Act 1986 accounting rules.

CCA1974/2006 agreement sales when they are in dispute are frowned upon by the OFT and their guidleines but they are not illegal as such.

Sorry I cannot offer more comfort. I would suggest blagging Cabot as much as you can until they get really nasty and then perhaps consider the F & F proposals. They will probably only have paid 10p to 12p in the pound for it anyway.

regards
Garlok

[pooksthebear]

Re: Pookies UE Diary

I've just read back through your thread. Are you still paying the debt management company/dmp? I thought you were going to stop the dmp payments as Niddy advised.

Hi Pixie, no I have stopped paying the dmc. All the debts already have defaults on the credit file and if they cant take legal action while the cca request is outstanding then I am not going to pay them another penny. I have no money for any full and finals anymore so that is not an option.

As the Cabot debt is a bank overdraft I understand the agreement will be enforceable, as such could they take action while the agreement is still oustanding or does this also become unenforceable without one?

Can I also ask, one of my defaults should have dropped off my credit file at the end of October but its still showing, does this matter and if so how do I get it removed?

Pooks

[Pixie]

Re: Pookies UE Diary

I've just read back through your thread. Are you still paying the debt management company/dmp? I thought you were going to stop the dmp payments as Niddy advised.

[Pixie]

Re: Pookies UE Diary

I will just wait and see with the requests then, in the meantime they cannot request payment or take any action against me can they?

Do you mean the ones that your still waiting to receive the cca from? If so, they can't take any legal action against you as they're in default of your cca request. However, they can, and will, continue to request payment. Whether or not you pay them is another matter!!

Also, one of the ones I have CCA'd is my Yorkshire Bank overdraft with CABOT, should i continue paying this one seeing as we know it will be enforceable anyway?

This is up to you. They won't consider any reasonable F&F settlement whilst you're still paying. If you stop paying, you can come to an arrangement to pay if they decide to take legal action.

[pooksthebear]

Re: Pookies UE Diary

Pooks

Just wait for those that are looking, they are in default as long as they haven't produced anything, no need to "help" them on by reminding them.

Yorkshire/Morgan Stanley sounds a bit strange, have you absolutely no way of knowing where these have come from?

Same applys to the ones that you haven't had anything from, just wait and see what they produce. (We're still awaiting some of ours, nearly two years in.............)

Thanks for reply. I have got to the bottom of the odd debt, it is definately Yorkshire Bank Loan, I thought this had been paid off but it was actually Morgan Stanley that I paid off.

I will just wait and see with the requests then, in the meantime they cannot request payment or take any action against me can they? Also, one of the ones I have CCA'd is my Yorkshire Bank overdraft with CABOT, should i continue paying this one seeing as we know it will be enforceable anyway?

Pooks

[MrsD]

Re: Pookies UE Diary

Pooks

Just wait for those that are looking, they are in default as long as they haven't produced anything, no need to "help" them on by reminding them.

Yorkshire/Morgan Stanley sounds a bit strange, have you absolutely no way of knowing where these have come from?

Same applys to the ones that you haven't had anything from, just wait and see what they produce. (We're still awaiting some of ours, nearly two years in.............)

[pooksthebear]

Re: Pookies UE Diary

Hi everyone.. update time.

Sent CCA request to CL Finance, Debt Managers and Cabot on 27th October.

CL finance - got reply from them yesterday dated 8th saying they didnt have the agreement and were in process of retrieving it. They say that while request outstanding enforcement action wont be taken against me but then go on to say that the debt must still be paid and if i dont pay they are entitled to request payment from me and pass details of any default to a credit reference agency and pass my information on to a debt collector (a default was marked on my credit file for this in Dec 2005 so not sure how they can default me again). They also say this is the view shared by the Office of Fair Trading. They have now had their 12+2 days so do you know what happens now?

Debt Managers - Got reply from them on 2nd November saying they had requested a copy of the agreement and will revert to me once its been received. Not heard any more and they have now had their 12+2 days. Noticed something about this that i havent noticed before.. it states on my credit file that this agreement started on the 10th October 2006, I find this a bit odd as I had already been defaulted on the credit file by at least two debtors at this time and this was 2 weeks before my brother died (we knew he was dying), i do not remember attempting to get credit at this time and its quite a poignent time of my life so i think i would have remembered but you never know, but i was also in debt management plan at this time and had been for over a year.. so who would have given me a loan? I thought this was a Morgan Stanley credit card debt but it looks like i paid that one off last year and the letters ive received seem to point to it being a Yorkshire Bank Loan.. which is even more odd as I had a loan with them which was in the DMP as was my Yorkshire Bank overdraft so why would they give me another loan? Ive only just noticed this as ive not looked at my credit file before this year and ive been merrily paying this debt. Should I SAR Debt Managers and the DMC or would the DMC just send me this info?

Triton - had no response at all to the CCA request from them.

Ive also sent CCA request on 11th to Buchanan and Wells, Cabot and Mackenzie Hall.

Thanks, Pooks

　

[Never-In-Doubt]

Re: Pookies UE Diary

Hi all. Update.

I sent CCA letters to Triton, Debt Managers and CL Finance on the 27.10.11. No response yet. I havent sent the other two CCA letters to BCW and Cabot yet as I spilt coffee on them and then rant out of printer ink so those letters will be going this weekend!!

I contacted DMC and asked them why the debt to Orange came off the plan but no response yet. In the meantime I have trawled through my bank account and I cannot find a payment made in respect of this between October 09 and April 10 - yet im sure I paid it.. very odd. Mackenzie Hall and Capquest were aware I was trying to sort it out because I thought I had paid because I had spoke to them both (before I posted here last) and they agreed to put it on hold while I sorted it out.

However, I have now received a Doorstep Assessment letter today from Mackenzie Hall (dated 31.10.11) giving me 72 hours to pay or they will either sanction a doorstep visit or advise their clients to issued a claim in court.

Should I send them a CCA letter in the meantime while I am waiting for the information from the DMC?

Thanks.. Pooks

You need to ensure everyone has been CCA'd - so get one sent off asap, regards the visit, add one of these to the same envelope as the CCA ---> Templates - Harassment

[pooksthebear]

Re: Pookies UE Diary

Hi all. Update.

I sent CCA letters to Triton, Debt Managers and CL Finance on the 27.10.11. No response yet. I havent sent the other two CCA letters to BCW and Cabot yet as I spilt coffee on them and then rant out of printer ink so those letters will be going this weekend!!

I contacted DMC and asked them why the debt to Orange came off the plan but no response yet. In the meantime I have trawled through my bank account and I cannot find a payment made in respect of this between October 09 and April 10 - yet im sure I paid it.. very odd. Mackenzie Hall and Capquest were aware I was trying to sort it out because I thought I had paid because I had spoke to them both (before I posted here last) and they agreed to put it on hold while I sorted it out.

However, I have now received a Doorstep Assessment letter today from Mackenzie Hall (dated 31.10.11) giving me 72 hours to pay or they will either sanction a doorstep visit or advise their clients to issued a claim in court.

Should I send them a CCA letter in the meantime while I am waiting for the information from the DMC?

Thanks.. Pooks

[garlok]

Re: Pookies UE Diary

Hi PTB,

Always log the call though on your own log. This may prove to be very useful if there is any further action taken against you. We now log all silent calls and strange calls, like those that put the phone down when you ask who is calling and what does the call concern, as DCA calls if 1471 says the number has been witheld as well.

regards
Garlok