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**Pixie** · 26 November 2011, 16:57

Re: Misscheif UE diary

Hi Misscheif and welcome.

You've come to the right place here

Have a look at Help with Unenforceability - allaboutFORUMS. There's also more information here

I know you've said that you're sending cca requests to the creditors one at a time for your sanity but you'd be better to cca them all at once (a bit like rippling a plaster off in one go rather than bit by bit!!)

If you cca all your creditors at the same time, you'll start the statute-barred clock rolling that much sooner. You'll also get used to the drivel that most creditors and dcas send!!

Cancel your dmp with payplan and stop all payments. You can always set another one up should any of your debts turn out to be enforceable.

Keep us informed on what's happening and there'll be someone along to help.

**Misscheif** · 26 November 2011, 17:38

Re: Misscheif UE diary

Hi Pixie,

Thank you so much for the response. I've decided to take your adice and have now printed CCA requests for my other 2 accounts (barclays CC and barclays loan) which I will post in diary format when I post the letters.

Does it matter that I sent a F&F letter to the barclays re the CC offering 80% but was refused as it was "not their policy to accept less than the balance"? I made the offer as I had the funds available and got panicky when I found out I was pregnant (this is the only account still charging me 1% interest).

Thanks for your help.

Miss

**Never-In-Doubt** · 26 November 2011, 17:44

Re: Misscheif UE diary

Originally posted by Misscheif View Post

Hi,

This is my first time posting. I was refered here from another site where I wasn't getting much help. Wish I had found you guys 3 years ago before I got stung by a CMC to look at UE's!

Basically my payments into my DMP are going to have to reduce in the near future as I have found I am pregnant with my first child. If I have to reduce my payments I'm going to paying my debts for the next 20 years!

Anyways, I have previously tried the CCA route but way back when my head nor my heart were in it and found the whole thing rather daunting. Now I have decided enough is enough and CCA'd one of my creditors, taking one at a time for my sanity....

Egg Loan

Type of account Loan
Date commenced 27/04/2005
Approx balance £6900
Date last paid 8 Nov 11
Are you on arrangement or not paying DMP with payplan
Status (default/in arrears/up-to-date) Defaulted on 25/05/06
Account owner (who is writing to you, a DCA or the lender) DCA - Apex Credit Management

14/10/11 - Sent CCA to Apex
05/11/11 - Response from Apex requesting £1 payment which I did include in the form of a postal order
08/11/11 - Sent second CCA to Apex with a cheque this time stating I would not tolerate any further request for payment
10/11/11 - Received letter confirming they received request and account on hold until request completed
10/11/11 - Called DM company to request payments be held until further notice
24/11/11 - Received copy of agreement and letter stating statement of account to follow - Emailed to Niddy

Well, I opened your email and started to look at page 1, you know the CCA (of sorts)?

First thing that jumped out at me was - s.18 - I mean, wtf are they playing at charging you £4k in PPi but then bundling it into the same Prescribed Terms, which for the record are missing, thus this is one million percent unenforceable - so well done, great start!

To figure out what I mean by s.18 - read this simple guide here: ---> allaboutFORUMS - View Single Post - UPDATED - A Full Guide to Unenforceability

In response to this, well you need to stop and think - tell us your whole situation and then we can clarify if it's worth dropping the DMP for the moment cos you cannot just work on one debt at a time due to varying factors, ie how can we suggest the best course of action when we do not know the overall situation?

So, please list all your debts like the first one above and then we'll clarify what to do next and also what and how to respond to Egg.

But for clarity, this is

**Never-In-Doubt** · 26 November 2011, 17:46

Re: Misscheif UE diary

Originally posted by Misscheif View Post

Does it matter that I sent a F&F letter to the barclays re the CC offering 80% but was refused as it was "not their policy to accept less than the balance"? I made the offer as I had the funds available and got panicky when I found out I was pregnant (this is the only account still charging me 1% interest).

Thanks for your help.

Miss

Don't worry, forget the fact you sent in an offer - we can deal with that if and when they respond, but do not pay anything - come here first as we have templates to ensure a F&F really is the end of the matter.....

For now please provide details of the other debts before sending the CCA

**Misscheif** · 26 November 2011, 18:29

Re: Misscheif UE diary

Wow you guys are great!!!!

I've added the other 2 accounts to the diary.

Thanks
Miss

**Misscheif** · 26 November 2011, 18:30

Re: Misscheif UE diary

Oh Niddy, the PPI on the Egg loan was cancelled a month after I took out the loan so there is no room to reclaim on that. I have also reclaimed PPI on the barclays loan recently.

**Never-In-Doubt** · 26 November 2011, 18:35

Re: Misscheif UE diary

Originally posted by Misscheif View Post

Oh Niddy, the PPI on the Egg loan was cancelled a month after I took out the loan so there is no room to reclaim on that. I have also reclaimed PPI on the barclays loan recently.

Ermm, sod the reclaim of PPI - the egg agreement is fucked as a result of it being there, regardless..... point is the agreement is totally unlawful

**Never-In-Doubt** · 26 November 2011, 18:43

Re: Misscheif UE diary

Originally posted by Misscheif View Post

Barlcays Masterloan

Type of account Loan
Date commenced 14/07/2005
Approx balance £5200
Date last paid 8 Nov 11
Are you on arrangement or not paying DMP with payplan
Status (default/in arrears/up-to-date) 6 payments late - special instruction indicator states Gone Away on CF. I have had the argument with them as they have my correct address as they correspond with me with statements etc. Sick of calling and writing to them that I gave up.
Account owner CDCS

Barclays CC (was SkyCard)

Type of account Credit Card
Date commenced 22/07/2005
Approx balance £2500
Date last paid 8 Nov 11
Are you on arrangement or not paying DMP with payplan
Status (default/in arrears/up-to-date) Up to date.
Account owner BarclayCard

with both of these send off the CCA - use our version here: ---> CCA Request

In the meantime cancel the DMP - its easy to get another sorted but for the moment you really need to consider cancelling it, if anything get a new one at a later date.......

Keep us updated yea? Obviously now you cannot do any reclaims or anything, however of you took PPI with the Barclays stuff then chances are they'll fall victim to s.18 as well so fingers crossed......

**Never-In-Doubt** · 26 November 2011, 19:03

Re: Misscheif UE diary

p.s. you know we do have a welcome thread for you ---> Welcome to Misscheif - allaboutFORUMS

**Misscheif** · 12 January 2012, 13:36

Re: Misscheif UE diary

Happy New Year all...!! Hope you all had fab holidays..!!

Had a response from Barclaycard to the CCA.

'I enclose a reconstituted copy of your credit agreement and a copy of the terms of your credit agreemnt as varied in accordance with section 82(1) of the act. However, the interest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account.'

Emailed the letter and agreement to Niddy

Also have a question regarding my Egg account that is with Apex. The default is due to be removed from my credit file middle of this year. Can Apex continue to report on this account if so how will it show on my report....not that I really care about my credit report

**Misscheif** · 12 January 2012, 15:33

Re: Misscheif UE diary

Thanks Flower. Also thank you for the referal! Very muchly appreciated!

Awww I'm going to miss that big red 8 on my credit file from Egg....I'm sure BC will kindly put another one on there in place of it

**Pip** · 12 January 2012, 19:04

Re: Misscheif UE diary

Originally posted by Pixie View Post

I know you've said that you're sending cca requests to the creditors one at a time for your sanity but you'd be better to cca them all at once
(a bit like rippling a plaster off in one go rather than bit by bit!!)

Love the analogy!

Wasn't sure whether to say hello here or on your welcome thread, Misscheif, but hello!

I'm an even newer member than you and only just starting the UE adventure. My situation is similar to yours with a newly cancelled DMP that was money I could ill afford just swirling down the U-bend. A tiny fraction of what I've paid over the two years through the DMP has actually gone towards the debt.

I don't know if they sell crystal balls on ebay but if I'd had one three years ago ...

But ... as I was saying to friends down the pub the other night (where I could actually afford to buy a decent round for once!

-- don't want to make buying decent rounds too much of a habit mind you!) -- it's spilt milk under the bridge and not worth crying over. It's early days, but I feel that 2012 will be the year where my moods and emotions (and pocket!) aren't going to be controlled by those @#*$! banks any more!

I was also guided here from across the way by a certain Flower and feel a debt of gratitude to her for that. But let's not talk about debt, shall we? Touchy subject!

It's also great to see that others have gone through and are going through the same experience, and how we can all learn from what each of us has been through!

Pip

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