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Newbie! Need help DMP since 2014 requesting CCA

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  • #16
    I'll contact SC and cancel the plan only worry is if I self manage I don't really want to use my bank account to set up a direct debit (token payments instead of what I been doing for 6 years I'll feel happier doing that) is there a template to complain to complain about very? Thanks so much ?

    Comment


    • #17
      Originally posted by Brad66100 View Post
      Account type : Natwest Overdraft
      Current DCA : PRA
      Date of Default: 08/2014
      Opened : Aug 2012
      Balance £249
      Date of last full payment – early 2014?
      Currently in DMP with SC since 09/2014 paying £7.69 for this one also has dropped off my credit file


      what do i do regarding overdraft and cca? as what I can gather you cant send a CCA for an over draft?

      Yes you can (and should) send a CCA Request for an overdraft.

      Jo explains the relevance of this here >


      Originally posted by Joanna Connolly View Post
      The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

      The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

      It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

      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 0151 254 6986 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


      • #18
        No prob I shall do that one to ? thanks Did what you think of the link financial default falling off june 2021 and global arrow as not showing default just DMP Program on credit file?

        Thanks ?

        Comment


        • #19
          Originally posted by Brad66100 View Post
          what you think of the link financial default falling off june 2021 and global arrow as not showing default just DMP Program on credit file?

          It’s easier if you re-quote the post for any debt you have a question about so the history is seen.

          I think it’s too early to delve into Default issues. Sometimes it can be a good thing I’d they fail to issue a Default Notice before terminating the account and assigning it to a debt purchaser.

          Wait to see the responses from your CCA Requests before starting to ruffle feathers.

          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 0151 254 6986 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


          • #20
            June 2020, 16:45
            Account type : natwest cc / previously defaulted with cabot financial europe then passed to wescot
            Current DCA : wescot
            Date of Default: 08/2014
            Opened : 2012
            Balance £1230
            Date of last full payment – early 2014?
            Currently in DMP with SC since 09/2014 paying £13.83 this one has dropped off my credit report

            will send CCA this week

            22/06/2020- CCA Req sent signed for
            26/06/2020 response wescot are not the creditor? Uploaded the letter for you to see

            Comment


            • #21
              Hi - you need to send the CCA request to the owner of the debt which is Cabot. Westcot are just an agent collecting payments on behalf of Cabot

              Comment


              • #22
                just redone the letter and will send fresh postal order jeez trust me to get this wrong thanks for help

                Comment


                • #23
                  sent Recorded Delivery??
                  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


                  • #24
                    Signed for ? all the ones I've sent been signed for just sit and wait now I suppose

                    Comment


                    • #25
                      June 2020, 16:40
                      Account type : Capitol One CC
                      Current DCA : Lowell Portfolio
                      Date of Default: 08/2014
                      Opened : 2012
                      Balance £1171
                      Date of last full payment – early 2014?
                      Currently in DMP with SC since 09/2014 paying £13.18 this one has dropped off my credit report

                      will send CCA this week

                      22/06/2020 - CCA req sent signed for
                      01/07/2020 letter saying due to covid unable to send info via post and want my email address ?? Do I give it to them as I thought you should keep a paper trail ...

                      Comment


                      • #26
                        no their problem, and their own making, outstanding = no enforcement
                        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


                        • #27
                          Originally posted by Brad66100 View Post
                          June 2020, 16:40
                          Account type : Capitol One CC
                          Current DCA : Lowell Portfolio
                          Date of Default: 08/2014
                          Opened : 2012
                          Balance £1171
                          Date of last full payment – early 2014?
                          Currently in DMP with SC since 09/2014 paying £13.18 this one has dropped off my credit report

                          will send CCA this week

                          22/06/2020 - CCA req sent signed for
                          01/07/2020 letter saying due to covid unable to send info via post and want my email address ?? Do I give it to them

                          I think Lowell are getting a bit ahead of themselves there.

                          In Paragraph 2 of that letter they admit they haven't got the credit agreement so will ask Capital One for it.

                          When/if Capital One produce it they will send it to Lowell who can then post it to you

                          The debt won't be unenforceable until 12 working days after you sent the CCA Request (which was 20th June?).

                          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 0151 254 6986 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


                          • #28
                            I didn't read the back look ! Said if I'm not happy to receive just wait and they have put it on hold
                            Attached Files

                            Comment


                            • #29
                              Account type : Natwest Loan X3
                              Current DCA : PRA
                              Date of Default: 08/2014
                              Opened : Jan 2012
                              Balance £1192,£520,£1192
                              Date of last full payment – early 2014?
                              Currently in DMP with SC since 09/2014

                              Sending off CCA this week.

                              CCA Sent signed for 22/06/2020

                              08/07/2020 letter to confirm cease collections until further notice!
                              Attached Files

                              Comment


                              • #30
                                [QUOTE=Brad66100;n1535669]Account type : Natwest Loan X3
                                Current DCA : PRA
                                Date of Default: 08/2014
                                Opened : Jan 2012
                                Balance £1192,£520,£1192
                                Date of last full payment – early 2014?
                                Currently in DMP with SC since 09/2014

                                Sending off CCA this week.

                                CCA Sent signed for 22/06/2020

                                08/07/2020 letter to confirm cease collections until further notice!
                                [/QUOTE

                                love their gesture of goodwill - in other words it will cost them more to process the 1 quid and they can’t be arsed



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