How do I move on

[Turquoise]

Hi, I'm new to this forum and am looking for some advice on how to move on with my debts. I have been repaying a token £1 per month for an overdraft debt (£10000, an old sole trader business account with HSBC), and 2 credit card debts (£4000 Santander, 7000 Halifax) for several years. They are currently with Robinsons (Santander) and Cabot (HSBC and Halifax) but have been around the houses over the years. I've had a couple of other debts which my sister had to help out with in order to stop court action but they are closed now and did not go to court. My credit file shows no sign of debt, which mostly dated around 2008-2013. Having found your site yesterday and read about CCA/UE for the first time I would like to try this route. But am worried that I could open a can of worms and bring on a CCJ. Should I go ahead and request a CCA for all 3?
Please can you advise.
Many thanks

[Joanna Connolly Solicitors]

read about CCA/UE for the first time I would like to try this route. But am worried that I could open a can of worms and bring on a CCJ. Should I go ahead and request a CCA for all 3

Hello

Sending a s77-79 CCA Request does not bring on a CCJ.

In fact it may be the very thing which prevents one, especially if they can't comply with your request.

Make a separate post for each debt on this thread so you can get help based on the historical facts as well as the present.

I look forward to helping you.

Di

[The Tech Clerk]

CCA Request send recorded delivery and keep copy on file and start your diary and add this as despatched by date:- Welcome by the way:-

[Joanna Connolly Solicitors]

CCA Request send recorded delivery and keep copy on file and start your diary and add this as despatched by date:-

Or maybe wait until Turquoise posts the history of each debt to see whether a s77-79 CCA Request is appropriate at this point in time.

Going to the Post Office to send a Recorded Delivery letter during Lockdown wouldn't be a good idea anyway.

Di

[Turquoise]

Thanks Di for your quick reply. I will do as you suggest. But what does bring on a CCJ? I've been paying them all £1 per month for the past few years but I haven't been in touch or sent a breakdown of my financial details for at least 3 years. I'm feeling cautious as I don't want to rock the boat.

[Turquoise]

Debt 1:

HSBC Overdraft £10k (sole trader current acc in my name)

• Agreement date: June 2006

It went to Metropolitan collectors in Jan 2011, I paid them £1 per month.

On 22/4/14 the debt was purchased by Marlin Europe

Marlin changed their name to Cabot Financial (Marlin) on 2/3/15
I am still continuing to pay £1 per month to Cabot.

I’ve taken the following from a recent letter from Cabot:
• Owner: Cabot Financial (Europe) Limited

CCA request sent to Cabot 11/6/20.
12/6/20 - Letter from Cabot "we have received your request, currently do not have relevant info on file, contacting original lender...".
25/6/20 - Leter from Cabot "still progressing your request, have contacted the original lender...".
I have stopped the £1 monthly token payment (standing order, was not a DMP)

[Turquoise]

Debt 2:

Halifax Credit card £7k

• Agreement date – April 2007
Account sold to Cabot Credit Management group 26/3/15
I’ve been paying £1 per month throughout.

I’ve taken the following from a recent letter from Cabot:
• Owner: Cabot Financial (Europe) Limited

22/5/20 - CCA request sent to Cabot for Halifax CC.
7/7/20 - Cabot have replied "we haven't been able to obtain the information from the original lender...".
I have stopped the £1 monthly standing order.

[Turquoise]

Debt 3:

Abbey Credit Card £5k:

Account opened with Abbey 2009.
Santander took it over later in 2009.

Dec 2010 unable to pay minimum payment so paid £1 per month and have been doing that throughout.
Default notice served by Santander March 2011.

March 2011 letter from Viking informing that debt transferred to them for collection.

7 April 2011 received letter requesting full payment from Viking.

20 April 2011 made temp payment arrangement of £1 per month with Santander.
23 May 2011 default notice from Santander.
Passed to 1st Credit June 2011.
Nov 2014
Received Notice of assignment from Santander Cards Limited to Santander UK plc.

2016 Santander sent letter saying that my account has been transferred to Robinson Way debt collectors from 1st Credit.

11/6/20 CCA request sent to Santander but was returned as I hadn't added a payee name to postal order (I couldn't find who to make payable to and Customer Service didn't know what I was talking about when I asked them).
CCA request sent to Robinson Way who passed it onto Santander.

Santander and Robinson Way replied with CCA which (hard to read) and statement of account showing all transactions.
I am continuing to pay £1 per month on standing order (not DMP).

[Turquoise]

Please can you advise on whether the timing is right to request CCAs for all 3 debts, and also confirm who I send the requests to. Thanks

[nightwatch]

Debt 2:

Halifax Credit card £7k

• Agreement date – April 2007
Account sold to Cabot Credit Management group 26/3/15

I’ve been paying £1 per month throughout.

I’ve taken the following from a recent letter from Cabot:
• Owner: Cabot Financial (Europe) Limited

sorry just moved things round to make it a bit clearer
have these all been regestered on Credit Reference Accounts,
have they, default (s), all dropped off said files?

[Turquoise]

Hi Nightwatch, I've just checked my Equifax credit report and none of these debts are listed there. They aren't mentioned at all (not sure what you mean by 'have these all been registered on Credit Reference Accounts', can you clarify please in case I'm missing something).

[Turquoise]

I assume they dropped off my credit file quite some years ago.

[nightwatch]

Hi, sorry not trying to confuse you. have a read of this to explain the main points of "defaults" https://all-about-debt.co.uk/forum/d...87-s88-cca1974

as you say they should have dropped off you CRA files ages ago, about 2017 buy your dates.
was just checking as some

time they don't get put on, so no problem here then.

[Turquoise]

I've looked through the paperwork I've still got and am unable to determine if the defaults were ever put on my credit file. A letter from Santander in 2011 said "This is a default notice..." but I don't know if it went onto my credit file as I made a token agreement of £1 per month around that time. There certainly aren't any references to these debts on my file now but I wouldn't want to give them any reason to add them at this point! Please can you advise on my next step.
many thanks for your help

[nightwatch]

we shall assume that they were placed on your credit file years ago,
when a default is registered with the Credit Reference Agencies, it remains on there for 6 years,(5 in Scotland) it then falls off your file, never to be seen again, even if you didn't pay the amount owing.
an account can only be registered as defaulted once, even if you have been paying reduced payments and then stop,

If you had been paying on an arrangement to pay, that had given the account an "AP" marker, it would still be showing as that,

so they cannot add a default now,

as for your next step, what is it you would like to do??

we normally send a CCA request to check if all the paperwork is in order for them to legally collect the debt or not, depending on what is sent then gives you a choice on your next step.