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Newbie! Need help DMP since 2014 requesting CCA

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  • Brad66100
    replied
    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

    Leave a comment:


  • Brad66100
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • The Tech Clerk
    replied
    no their problem, and their own making, outstanding = no enforcement

    Leave a comment:


  • Brad66100
    replied
    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 ...

    Leave a comment:


  • Brad66100
    replied
    Signed for ? all the ones I've sent been signed for just sit and wait now I suppose

    Leave a comment:


  • The Tech Clerk
    replied
    sent Recorded Delivery??

    Leave a comment:


  • Brad66100
    replied
    just redone the letter and will send fresh postal order jeez trust me to get this wrong thanks for help

    Leave a comment:


  • Ballister
    replied
    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

    Leave a comment:


  • Brad66100
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Brad66100
    replied
    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 ?

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Brad66100
    replied
    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 ?

    Leave a comment:


  • Moonmonkey
    replied
    Originally posted by Brad66100 View Post
    Account type : Mail Order Very
    Current DCA : Arrow Global Limited
    Date of Default: not showing as a default on file 'Debt managment Program' has been since 09/2014
    Opened : may 2013
    Balance £805
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014 paying £10.98 for this one.
    ?
    do i send off CCA for this as im wary about my credit report as its starting to look alot better? i am happy to pay this one off if it gets it off my report?
    I wouldn't pay anything - i would stop paying SC and self manage the debts but not pay until they all come back with a valid CCA. For this one i would complain to very and ask them to add a default back to the start of your plan - welcome - i'm sure the experts will be along soon to put me straight. Get used to terms like "never speak to them", "sit on your hands", and "silence is golden" - good luck

    Leave a comment:

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