CCA checks

[Helpme34]

Hi everyone

I've been on a DMP since 2012. All my defaults have dropped off my credit file. However, last year I sent off some CCA requests and received a few replies which I filed away at the time but would now like to check whether they are unenforceable. Also, Link did not reply to any of the requests I sent them and there were 4. Should I write again to them or just stop payments? And is there anyone who can check the CCA's for me, please?

Thanks in advance

[The Tech Clerk]

Send the ones you got to (no scrubbing out) to:- webmaster@all-about-debt.co.uk for checking and get a diary for each debt started, keep a file of all paperwork etc for each debt, especially out standing CCA request

[The Tech Clerk]

did you send the Regulatory £1.00 postal order with each CCA request?? Diana Mayhew a chat with her may be useful?

[Joanna Connolly Solicitors]

I've been on a DMP since 2012. All my defaults have dropped off my credit file. However, last year I sent off some CCA requests and received a few replies which I filed away at the time but would now like to check whether they are unenforceable.

Hello

(I've replied to your PM)

Seven years in a DMP is a long time. Is it one of the free/charity ones or have you been paying for the service? It's definitely a good idea to reassess things.

The credit agreements you've received from various creditors need checking for blatant unenfrceability i.e. errors or omissions which can never be remedied for various reasons.

Then there will be credit agreements with 'things' missing but those could be put right if the debt owner tries harder because you've drawn attention to the flaws - so don't do that!

There may even be credit agreements which are 100% enforceable but the debt owner has failed to comply with their other statutory duties so the 'enforceability' of the credit agreement is irrelevant.

Are these debts still with the original creditors or have they all been assigned to debt purchasers (you've mentioned Link)? The assignment can throw up major legal issues for the debt purchasers who have to prove they have the legal right to collect the debt.

The best way forward is to have some background to each debt so guidance can be given in context.

Start a new post on this thread for each debt using this format >

• Type of account (credit card/loan/catalogue)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the original lender or a debt purchaser)

I look forward to helping you.

Di

[Helpme34]

Thank you both for your help.
I am currently with Payplan and my DMP will end around 2038! I am due a yearly review (overdue by a few days now)
My job is in financial services so cannot go down the IVA or bankruptcy route.

Yes i did send the £1 postal orders for each debt.

And I'll start a diary at the weekend with all the details.

regards

[Joanna Connolly Solicitors]

My job is in financial services so cannot go down the IVA or bankruptcy route.

And I'll start a diary at the weekend with all the details.

Maybe that's no bad thing (that you can't go down the IVA or BR route)

List all the debts then suggestions can be made as to the way forward.

If you stop paying them via Payplan to go self-managed there will be a flurry of letters and phone calls, but the noise will soon die down.

Di

[Helpme34]

Helpme34 UE Diary :

• Barclaycard
• Feb 2009
• £3120
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

• Barclaycard
• Feb 2008
• £1454
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

• Virgin MBNA credit card
• Feb 2009
• £1509
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

• MBNA Credit Card
• Apr 2007
• £5385
• Last full payment: June 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

• Halifax Credit Card
• Apr 2008
• £3132
• Last full payment: July 2012
• DMP
• Defaulted Nov 2012 - dropped off file
• Wescot Credit Services

• Barclays credit card – possibly EGG
• Jan 2004
• £2684
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• PRA Group

• Barclaycard
• Dec 1999
• £3729
• Last full payment: July 2012
• DMP
• Defaulted March 2013 – dropped off credit file
• Link Financial

• Virgin MBNA credit card
• May 2009
• £2457
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• Link Financial

• HSPF then HBOS Bank of Scotland Credit card
• Feb 2010
• £1184
• June 2012
• DMP
• Defaulted Feb 2013
• Moorcroft Debt Recovery

• HSPF Loan
• Feb 2010
• £11736.95
• Last Full payment: Jun 2012
• DMP
• Defaulted Dec 2012 - dropped off credit file
• Drydens Fairfax Sols

• Santander Credit card
• Feb 2008
• £2618
• Jul 2012
• DMP
• Defaulted Jan 2013 - dropped off credit file
• Wescot Credit Services

[Helpme34]

I hope I've done the diary correctly. Waiting for your response

[Joanna Connolly Solicitors]

I hope I've done the diary correctly. Waiting for your response

I'll take a peek at each one and comment

I'm sure others will do the same.

Di

[Joanna Connolly Solicitors]

Helpme34 UE Diary :

• Barclaycard
• Feb 2009
• £3120
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

Debt No 1

Did this account begin as Barclaycard or could it have been an Egg credit card which Barclaycard purchased in 2011?

Did you have PPI on this account?

I would send a s 77/78 CCA Request to PRA to get the ball rolling.

Or have you already done that?

Di

[Joanna Connolly Solicitors]

Barclaycard

• Feb 2008
• £1454
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

Debt No 2

Same questions

Was Barclaycard the original account holder and did you have PPI?

Since it's now been assigned to PRA I would send a s 77/79 CCA Request to them.

If you've already sent a request and had a response then email it (the documents PRA sent) to Niddy (the forum owner) using webmaster@all-about-debt.co.uk

Di

[Joanna Connolly Solicitors]

• Virgin MBNA credit card
• Feb 2009
• £1509
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

Debt No 3


Did you apply online for this Virgin MBNA credit card?

I see it's been assigned to Link and from your first post they have not responded to your s 77/78 CCA Request.

Don't write to remind them because the debt will be unenforceable until or unless they produce the credit agreement within the statutory timeframe.

Do nothing for now.

Di

[Joanna Connolly Solicitors]

• MBNA Credit Card
• Apr 2007
• £5385
• Last full payment: June 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

Debt No 4

I'll assume that Link haven't responded to your s 77/78 CCA Request for this debt either (according to your first post).

In which case the debt will become unenforceable until or unless they do comply. When did you send the request?

Don't write to Link again or they may try harder to comply, which is exactly what you don't want them to do!

Di

[Joanna Connolly Solicitors]

• Halifax Credit Card
• Apr 2008
• £3132
• Last full payment: July 2012
• DMP
• Defaulted Nov 2012 - dropped off file
• Wescot Credit Services

Debt No 5

Is Halifax still the owner of this debt or could it have been assigned/sold to a debt purchaser?

Westcot Credit Services are a Debt Collection Agency who would be acting on behalf of the debt owner.

Have you sent a s 77/78 CCA Request to anyone for this debt yet?

Di

[Joanna Connolly Solicitors]

• Barclays credit card – possibly EGG
• Jan 2004
• £2684
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• PRA Group

Debt No 6

If this was an Egg credit card from the beginning (2004) which was subsequently bought by Barclaycard it'll be interesting to see what documents PRA produce. They need the credit agreement and the appropriate Ts & Cs from inception. This can be a struggle for them in some circumstances.

If you've already sent the s 77/78 CCA Request and had a response then email it to Niddy using webmaster@all-about-debt.co.uk

Di