Newbie! Need help DMP since 2014 requesting CCA

[Brad66100]

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 ?

[Joanna Connolly Solicitors]

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 >

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

[Brad66100]

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 ?

[Joanna Connolly Solicitors]

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

[Brad66100]

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

[Ballister]

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

[Brad66100]

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

[The Tech Clerk]

sent Recorded Delivery??

[Brad66100]

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

[Brad66100]

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 ...

[The Tech Clerk]

no their problem, and their own making, outstanding = no enforcement

[Joanna Connolly Solicitors]

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

[Brad66100]

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

[Brad66100]

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!

[Moonmonkey]

[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