Pookies UE Diary

[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.

[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

[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

[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.

[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 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?

[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.

[Deepie]

Re: Pookies UE Diary

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

[pooksthebear]

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.

Hi, I am not sure who actually owns the debt. I know when I first offered the full and final on this (before I changed tack), they replied saying their underwriters had refused the offer but then offered me a counter offer. I will wait until I get some mail from them and then will negotiate a payment plan, they were accepting £5.50 with the dmp on a £1200 debt so hopefully they will agree to keep this as it is.

Pooks

[pooksthebear]

Re: Pookies UE Diary

Hello all!

Buchanan Clark and Wells have sent me my postal order back and instructed me to send it direct to Arrow Global so ive done that. Also had reply from Cabot who have sent my postal order back and state there is no need for them to provide a copy of my credit agreement as it does not apply to current accounts. They go on to say i have a £1206 balance and a payment plan for arranged for monthly instalments of £5.47.. hmmm not any more! Should I now contact Cabot and arrange to continue paying this privately?

Thanks, Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi all, I have now received my CCA from RBS. I have read the thread about emailing it to Niddy but do i click the Email Niddy link or the Email CCA link on the bottom of his signature? Also... I dont have a scanner, I am going to see if I can scan and email it to myself at work on Monday but if that doesnt work or I cant do it does anyone know of any other way I can email it to Niddy?

Also, could someone please advise whether I now should contact Cabot to arrange a payment plan?

Thanks, Pooks

[Susie]

Re: Pookies UE Diary

I have no scanner (well not one that works!) so I take a photo of anything I need to send and attach it to the post or email. If the photo file size is too big to attach, save it as a .gif its a smaller size.

[pooksthebear]

Re: Pookies UE Diary

I have no scanner (well not one that works!) so I take a photo of anything I need to send and attach it to the post or email. If the photo file size is too big to attach, save it as a .gif its a smaller size.

Oooh thank you Susie, what a good idea.. i shall do that! Which link do I send it to?

Ta, Pooks

[Susie]

Re: Pookies UE Diary

Either the email CCA link but make sure you put your user name as part of the subject line so he knows it relate to your diary, or put a thread in the upload your documents part of the forum (main page at the bottom) and add the file as an attachment to the thread. You do that by starting the thread and under the box you type in is a bit that says additional options, one of those is add attachments so just click on it and up load. Only Niddy can see posts in there and you will only be able to see your thread.

[Pixie]

Re: Pookies UE Diary

Also had reply from Cabot who have sent my postal order back and state there is no need for them to provide a copy of my credit agreement as it does not apply to current accounts. They go on to say i have a £1206 balance and a payment plan for arranged for monthly instalments of £5.47.. hmmm not any more! Should I now contact Cabot and arrange to continue paying this privately?

Thanks, Pooks

It's up to you if you want to pay it or blag it. If you want to pay it, then write to them and say you'll set up a standing order to pay £5.47 per month.