Hello! I've just discovered this site and so here goes.....

[wineaddict2020]

Hi, i discovered this site yesterday and have spent ages reading a lot of the forums and there is so much good advice here! Thank you! So now i have joined as I was trying to resolve my debt myself but now having read things here I think you'll be able to advise me better!

So my story so far (in brief) have around £58k of undsecured debt in CC's and loans, some of it dates back to the 90's. Has steadily got worse until last year i could no longer manage to make the minimum payments on everything so I stopped paying and started talking to Payplan avout an IVA which seemed like my only hope of becoming debt free. I had it all lined up ready to go when i found out i would be getting an inheritance but had no idea how much. So i decided not to go ahead with the IVA knowing my whole inheritance would likely be swallowed up by it and thinking it might be able to cover some of it and i could keep some. So i started a DMP with Payplan instead in November last year. I have 7 creditors, 6 of which defaulted my accounts end of last year or January this year. One still hasn't defaulted and until i contacted them in June were applying interest and charges still. My plan was to get the inheritance which i have just got and then try and offer full and final settlements to clear as much of it as i could.

Having now read things here i realise that as i am paying into a DMP - albeit only £100 a month (i'll be 93 by the time my debts are paid!!) creditors are unlikely to take the sort of settlements i was hoping for. I had also read on another forum about CCA requests which i sent on 17th June to all creditors but not signed for and not in the template you have. My plan was that a couple of them might be unenforceable and i could make a cheeky offer but after reading here, it seems a better plan may be to wait it out for 6 years until they are statute barred. Some of the CC's were originally companies like Egg and Marbles so i am hopeful they won;t have the info. One has replied and produced a signed agreement, one has cahed the cheque but not heard anything from them and one has written saying i need to call them to go through security before they can respond. Not heard anything from the others.

So my questions are:

Should i stop paying them all now and cancel DMP?
Can i get the default that hasn't been added put on now and backdated?
Should i be paying towards ones that are enforceable?
Should i send CCA requests again to the companies that didn't reply or cash cheques and make them recorded delivery?
My inheritance is £21k - the less i have to use to settle the better, how much would you suggest i keep to one side to use for settlements? I also have an equity loan on my house that needs dealing with as it is overdue so some of this could go toward that.

I have seen you ask for individual posts for each debt - where is the correct place to do that?

Sorry for so many questions!

[Timewilltell]

If you post your debts in the diary format then advice will be more specific, post then individually below and if the Mods wish to shuffle the posts to where they should be then they will do so. (I’m on my phone so can’t see where they are now!)

the sooner you can post the diaries then the sooner the best advice can be given.
Oh and welcome by the way.

[Moonmonkey]

Hi, i discovered this site yesterday and have spent ages reading a lot of the forums and there is so much good advice here! Thank you! So now i have joined as I was trying to resolve my debt myself but now having read things here I think you'll be able to advise me better!

So my story so far (in brief) have around £58k of undsecured debt in CC's and loans, some of it dates back to the 90's. Has steadily got worse until last year i could no longer manage to make the minimum payments on everything so I stopped paying and started talking to Payplan avout an IVA which seemed like my only hope of becoming debt free. I had it all lined up ready to go when i found out i would be getting an inheritance but had no idea how much. So i decided not to go ahead with the IVA knowing my whole inheritance would likely be swallowed up by it and thinking it might be able to cover some of it and i could keep some. So i started a DMP with Payplan instead in November last year. I have 7 creditors, 6 of which defaulted my accounts end of last year or January this year. One still hasn't defaulted and until i contacted them in June were applying interest and charges still. My plan was to get the inheritance which i have just got and then try and offer full and final settlements to clear as much of it as i could.

Having now read things here i realise that as i am paying into a DMP - albeit only £100 a month (i'll be 93 by the time my debts are paid!!) creditors are unlikely to take the sort of settlements i was hoping for. I had also read on another forum about CCA requests which i sent on 17th June to all creditors but not signed for and not in the template you have. My plan was that a couple of them might be unenforceable and i could make a cheeky offer but after reading here, it seems a better plan may be to wait it out for 6 years until they are statute barred. Some of the CC's were originally companies like Egg and Marbles so i am hopeful they won;t have the info. One has replied and produced a signed agreement, one has cahed the cheque but not heard anything from them and one has written saying i need to call them to go through security before they can respond. Not heard anything from the others.

So my questions are:

Should i stop paying them all now and cancel DMP?
Can i get the default that hasn't been added put on now and backdated?
Should i be paying towards ones that are enforceable?
Should i send CCA requests again to the companies that didn't reply or cash cheques and make them recorded delivery?
My inheritance is £21k - the less i have to use to settle the better, how much would you suggest i keep to one side to use for settlements? I also have an equity loan on my house that needs dealing with as it is overdue so some of this could go toward that.

I have seen you ask for individual posts for each debt - where is the correct place to do that?

Sorry for so many questions!

Good luck - this forum will definately help you !! I had about 46k outstanding in 2013 - same story loans and credit cards and could not longer pay the minimum - was with payplan for 7 years and down to my last 5k - im currently self managing my debts, and I requested CCAs in February 20. I have only had 1 CCA request back from my last 5 debts which was enforceable; however while they have not complied with your CCA request you simply do not have to pay and im saving that money up for an emergency fund / warchest. You have to do your diary though - you can look in unenforceable diaries for examples. When done you need to add any contact / correspondance, and even urges, thoughts and feelings. The experts will be along to give the best advice and next steps and also talk you down, tell you to sit on your hands etc. etc. But did you really spend 50k on Wine? Anyway all the best

[nightwatch]

Hello and welcome to AAD,
as has been said above we really need more information about each debt, we can't say about how to get a default unless we know who the debt is with, when taken out, has it been marked as AP on your credit file, and so on.....

so start a diary on this thread,
one post per debt,

Use this format for each one >

• Type of account (credit card/loan/overdraft)
• Date commenced
• 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 lender or a debt purchaser)

look forward to helping you. NW

[cymruambyth]

Hi welcome to AAD. If you read around you will see that we have letters and action plans that help you to see if your debts are enforceable and the best way forward.
Do not speak to anyone or send any letters until you have checked here. Set out your debts in the format that NW has shown in the diary section, using one post per account.
When you sent you CCA requests did you send £1 either postal order or cheque? If not resend the requests with the £1 using the template on this site. If they fail to comply the debt is not legally enforceable in court - even if they comply remember that they don’t always send legally compliant documents and even if they do there are many other details that can make them unenforceable .
Good luck and ask any questions as knowledge is power.

[Joanna Connolly Solicitors]

Hello. Ive only just seen your thread

It seems you may have had a narrow escape by not going into an IVA especially if some of the debts date back to the 90s.

I can also see you sent s77-79 CCA Requests to all the current owners in June. What responses have you received so far (if any)?

Make a separate post for each one since no two debts are the same.

I look forward to helping you.

Di

[wineaddict2020]

Hi All,

Thanks for the welcome, looking forward to getting this sorted!

Debt diaries to follow now :-)

[wineaddict2020]

Santander Credit Card

• Credit Card
• Opened March 2008
• Approx balance - £4,000
• Date last monthly payment paid in Full - May 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default Jan 2020
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Westcot

17th June 2020 - sent CCA request.
30th June 2020 - recieved copy of credt agreement signed by me
Copy of reponse from Westcott and copy of agreement sent to Niddy
19th July 2020 - Niddy says UE!!

28.09.2020 Letter from Wescot saying they have not recieved my payments from Payplan, i need to contact them. Filed.

20.10.2020 Letter from Santander daying account passed to Moorcroft Debt Recovery - they have given up hope of Wescot making me pay!
22.10.2020 - Letter from Moorcroft debt recovery confirming they are now looking after my account nd they have lots of wonderful ways i can pay - filed. I'm not paying anything as Niddy say's UE!!

30.10.2020 - Telephone call to my mobile from Moorcroft, was automated asking me to confirm it was me. Hung up and blocked number.

02.11.2020 - Moorcroft are very enthusiastic! Text message and call on landline today. Blocked texts, will have to ignore the landline or look into blocking calls on it.

10.11.2020 Letter from Moorcroft - please send payment in full to prevent further debt recovery action etc etc. If i do not respond they may have to recommend further debt recovery action to our client such as further letters and phone calls - what more phone calls?? well i've blocked your number so good luck!

19.11.2020 - getting lots of texts from Moorcroft, just keep blocking the numbers so they must have a lot of different numbers! Today for letter with a monthly installment offer, any payment considered subject to an I&E - actually it’s an ‘instalement’ offer as they’ve misspelled it! No thanks, noted and filed.

11.01.2021. Think I must have successfully blocked all Moorcrofts numbers as no further texts or calls. Today received a letter with a discount offer. Didn’t say how much discount is!! How about 100% discount since it’s UE?? Filed.

24.02.2021 - Letter from Drydensfairfax solicitors saying they have been instructed to obtain repayment or take appropriate recovery action should i fail to pay. I must contact them by 8th March 2021 to discuss. Filed

25.02.21 - letter from Santander telling me they are passing account to Drydensfairfax. Filed

[wineaddict2020]

Tesco Bank

• Credit Card
• Opened March 2005
• Approx balance - £10,000
• Date last monthly payment paid in Full - May 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default Nov 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Tesco Bank

17th June 2020 - sent CCA request
8th July 2020 - recieved letter saying recieved my request but unable to provide the infomration requested as i had not included a valid letter of authority. To allow them to continue with request, please prvide a valid letter of authority or call to confirm details. - I haven't responded - should I?
10.11.2020 - letter recieved from Tesco Bank - i was wondering wher they had been!! Due to my failure to agree or maintain payments (no mention of that fact that they have failed to respond to me CCA request!!) they are passing my account on to a debt collectin agency - guess who? Moorcroft! They give me their contact details - its ok, i already have them and fortunately i have already blocked their number too!

12.11.2020 - Letter from Moorcroft intoducing themselves

19.11.2020 - again numerous texts which I block! Received letter today asking me to contact them to discuss my account. No thanks. Noted and filed.

14.01.2021 - Moorcroft have definitely cottoned on to the fact i'm not going to speak to them now! Discount offer sent - filed.

25.02.21 - Letter saying they are passing my account to Wescot Credit Services. Filed.

19.08.23 - After being very quiet for some time today recieved a letter from Link Financial also enclosing a letter from Tesco saying the debt has been re-assigned to Link Financial as of 24.07.23. I’m taking this as a good thing and means Tesco have written me off so will just be Link seeing how much they can get out of me (nothing!), also hoping this will make it even harder to find that CCA!

06.12.23 - Letter recieved from Link Financial confirming nt was sold to LC Asset 2 S.a.r.l on 24/07/23 and that as no contact they intent to take legal action. If i do not contact within 14 days of this letter they will pass account to Messrs Kearns Solicitors for the legal process to commence.

05.01.24 - I have not responded to letter from Link saying will begin legal action. How concerned should I be about this going to Kearns solicitors for legal action?

31.01.24 - Recieved response to SAR. I asked for everything from Tesco but have just had a response from Tesco bank so there may well be more to come as i have a loyalty card. So, the account was opened in 2005 but there is virtualy nothing pre 2012 - no ransavtoin history, system notes, letters nothing - the only thing is a list of fees and charges shows an amount for late payment fee in 2005 and one in 2010. My letter from 2020 with CCA request is there but the response they sent me saying they couldn't respond as needed a valid letter of authority (i never responded to that as didn't want to acknowledge the debt). There is also no copies of the letters telling me account had been sent to Moorcroft and then a leter saying been re-assigned to Link Financial. No sign of a credit agreement and one page which states no application data exists.

[wineaddict2020]

Halifax

• Credit Card
• Opened August 1998
• Approx balance - £2,300
• Date last monthly payment paid in Full - April 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default July 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Halifax

17th June 2020 - sent CCA request - no response yet, was not sent recorded as hadn't found this site at the time!

10.08.2020 - Letter from Halifax DSAR team regarding my Data subject access request. They have not been able to process my request because the personal details they hold for my client are not accurate or up to date and they need my client to take ID into a branch. This is so strange - it is addressed to me in my married name at my current address, the same address i have had for the last 11 years (with a Halifax mortgage!!) and i have been married for 10 years so not sure what they think has changed or who they think i am working for (my c;lient???)??? Oh and i didnt even make a subect access request, i just requested a copy of CCA!! And no idea which of my Halifax accounts this relates to, but for now i am just sitting on this and it has been filed!!

07/06/2023 - About a month ago after no contact at all since 2020 I recievd a seperate annual statement from Halifax (they haven't sent one for the previous yeats sine default) for all three of my Halifax debts. I then recieved letters for all three seperately from Westcott saying the debt has been passed to them to chase. And chase they are - very persistent with calls, texts and letters - all ignored. I wil continue to remin silent.

[wineaddict2020]

Halifax
(Think this was originally MBNA)

• Credit Card
• Opened June 1999
• Approx balance - £15,000
• Date last monthly payment paid in Full - May 2019 - DMP payments Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default July 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Halifax

17th June 2020 - sent CCA request - no response yet, was not sent recorded as hadn't found this site at the time!

10.08.2020 - Letter from Halifax DSAR team regarding my Data subject access request. They have not been able to process my request because the personal details they hold for my client are not accurate or up to date and they need my client to take ID into a branch. This is so strange - it is addressed to me in my married name at my current address, the same address i have had for the last 11 years (with a Halifax mortgage!!) and i have been married for 10 years so not sure what they think has changed or who they think i am working for (my c;lient???)??? Oh and i didnt even make a subect access request, i just requested a copy of CCA!! And no idea which of my Halifax accounts this relates to, but for now i am just sitting on this and it has been filed!!

07/06/2023 - About a month ago after no contact at all since 2020 I recievd a seperate annual statement from Halifax (they haven't sent one for the previous yeats sine default) for all three of my Halifax debts. I then recieved letters for all three seperately from Westcott saying the debt has been passed to them to chase. And chase they are - very persistent with calls, texts and letters - all ignored. I wil continue to remin silent.

[wineaddict2020]

Halifax

• Personal Loan
• Opened May 2013
• Approx balance - £5,000
• Date last monthly payment paid in Full - April 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default July 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Halifax

17th June 2020 - sent CCA request - no response yet, was not sent recorded as hadn't found this site at the time!

10.08.2020 - Letter from Halifax DSAR team regarding my Data subject access request. They have not been able to process my request because the personal details they hold for my client are not accurate or up to date and they need my client to take ID into a branch. This is so strange - it is addressed to me in my married name at my current address, the same address i have had for the last 11 years (with a Halifax mortgage!!) and i have been married for 10 years so not sure what they think has changed or who they think i am working for (my c;lient???)??? Oh and i didnt even make a subect access request, i just requested a copy of CCA!! And no idea which of my Halifax accounts this relates to, but for now i am just sitting on this and it has been filed!!

10.11.2020 - Letter from Halifax regarding my loan account - they have found that between 13 July 2019 and 23 July 2019 they did not always take the appropraite course of action when dealing with my account. They have calculated an adjustment and applied a credit of £1.67 to my account! Great - only aother £5,226.12 to go, i wonder if they will credit my account with that too and if they will ever even acknowledge my CCA request??

07/06/2023 - About a month ago after no contact at all since 2020 I recievd a seperate annual statement from Halifax (they haven't sent one for the previous yeats sine default) for all three of my Halifax debts. I then recieved letters for all three seperately from Westcott saying the debt has been passed to them to chase. And chase they are - very persistent with calls, texts and letters - all ignored. I wil continue to remin silent.

[wineaddict2020]

Barcalycard
(think this was originally an Egg card)

• Credit Card
• Opened March 2003
• Approx balance - £17,000
• Date last monthly payment paid in Full - March 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default November 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Barclaycard

17th June 2020 - sent CCA request
£1 cheque enclosed with CCA request has been cashed but no response recieved

07/06/2023 - still never heard anything from Barclaycard since my CCA request and they cashed the £1 cheque so i guess they are still looking.........

[wineaddict2020]

Sainsbury's

• Credit Card
• Opened August 2013
• Approx balance - £4,500
• Date last monthly payment paid in Full - March 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - No default listed yet despite over 12 months of no full monthly payments!!! They said they can default at my request - this worries me as only one not recorded a default!!!
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Sainsbury's Bank

17th June 2020 - sent CCA request
25th June 2020 - letter recieved saying before they can action my request they need to speak to me for security puposes. I haven't responded, not sure if i should?


13th August 2020 - letter received - notice of sum in arrears, accompanied by FCA Arrears information sheet. Says I’ve failed to pay the minimum monthly payment for last two months. Bit odd as I haven’t paid the contractual payment since March 2019! It says I’ve missed July and August 2020 but in July they had still received my DMP payment. They are also showing the £1.00 cheque I sent to accompany CCA request as a payment to my account? That was June. Seems to me they’ve changed tac since receiving that, they haven’t responded to CCA request though!

20.08.2020 - This is getting interesting....! Letter from Sainsubruys in response to my CCA request, they enclose:
- signed statement of account
- reconsituted version of the current terms and conditions
- original signed application
- reconstituted version of the original executed agreement

It states:
"The copy of the agreementincluded with this letter complies with the requirements of the consumer credit (cancellation notices and copies of documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature - this means thet we're not required to produce a copy with the primary cardholders signature on it."

They say they will not write to e about this again and that they are satisified they have met their obligation under section 78 and therefore this is fully enforceable.

So i think i'm goosed but send to Niddy, then we notice that the agreement is not my handwriting or my siganture!! So we think its UE. Will play the game, i've got a bit stashed that could pay them off if it gets too serious!!

12.11.20 - Letter from Sainsuburys - They daid they would keep intouch, they are concerned I am showing signs of being in presisten debt (if only you knew the half f it!!) and they recommend i try to pay as much as i can afford to. etc etc The re going to catch up again soon and contact me again in 7 to 9 months time - I am looking forward to it!!

26.11.20 - Another letter from Sainsbury’s bank. Notice served under section 87(1) of The Consumer Credit Act 1974.

in a nutshell if I don’t pay arrears they may:
terminate the credit card agreement
demand immediate ok sumner of total amount

if total arrears are not received by 18/12/2020 they will:
instruct a debt collection agency and/or take legal proceedings against me for the outstanding balance.

then goes into detail about what could happen with legal proceedings etc etc.

They still haven’t put a default on my account I don’t think and this doesn’t mention default anywhere.

Not sure how concerned I should be about this one?!

08.01.2021 - Letter to say Default applied to account in Dec 2020! About time!

20.01.2021. Just had call from Sainsbury’s bank, told them I couldn’t speak. She asked me to call back so I just said to put anything in writing to me! Hoping that stops any further calls. Feels like after taking an age to react they are now upping their game!

09.02.2021 - letter telling me I need to get in touch to discuss my situation or I can return the I&E form enclosed. Filed.

18.02.2021 - voicemail left by Sainsburys bank asking me to call back. Blocked number

25.06.2021 - Have had several letters and phone calls over last few months, all essentially just saying get in touch. Yesterday I received a letter saying my account was no longer on hold and they would continue to work with me to pay??
Not sure if this means they are going to try and start adding fees and interest again? Can they do that? - the account is in default.


09/03/2023

letter received couple of days ago saying the debt has been assigned to Link financial, one from Link and one from Sainsbury’s Bank in same envelope saying pretty much same thing. So I think this mean’s Sainsbury’s has sold the debt on now??

[wineaddict2020]

That's all folks!! (clearly more than enough!!)