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  • CCA checks

    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

  • #2
    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
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      did you send the Regulatory 1.00 postal order with each CCA request?? Diana Mayhew a chat with her may be useful?
      Last edited by The Tech Clerk; 25th May 2019, 09:59.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Originally posted by Helpme34 View Post
        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
        Legal Disclaimer

        I am a Litigation Executive at
        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          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

          Comment


          • #6
            Originally posted by Helpme34 View Post
            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



            Legal Disclaimer

            I am a Litigation Executive at
            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              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
              Last edited by Helpme34; 31st May 2019, 20:24.

              Comment


              • #8
                I hope I've done the diary correctly. Waiting for your response

                Comment


                • #9
                  Originally posted by Helpme34 View Post
                  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
                  Legal Disclaimer

                  I am a Litigation Executive at
                  Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Originally posted by Helpme34 View Post
                    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
                    Last edited by Diana Mayhew; 4th June 2019, 16:05.
                    Legal Disclaimer

                    I am a Litigation Executive at
                    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      Originally posted by Helpme34 View Post


                      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


                      Last edited by Diana Mayhew; 4th June 2019, 16:12.
                      Legal Disclaimer

                      I am a Litigation Executive at
                      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Originally posted by Helpme34 View Post
                        • 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
                        Legal Disclaimer

                        I am a Litigation Executive at
                        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Originally posted by Helpme34 View Post
                          • 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



                          Legal Disclaimer

                          I am a Litigation Executive at
                          Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Originally posted by Helpme34 View Post
                            • 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



                            Legal Disclaimer

                            I am a Litigation Executive at
                            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Originally posted by Helpme34 View Post
                              • 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

                              Legal Disclaimer

                              I am a Litigation Executive at
                              Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

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