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

[nightwatch]

Hi thank you so much for starting a Diary.
if you look at my diary, you will seee you are lookink to big up.

we don't judge, we have all been there, done the tour, and have the T-shirt, I HAVE THE BOOK DEAL. After Di, who also has the bafta. Gosh if i could get the TV deal I would be winning.
bit late for me, strange considering my nome de plume, but age and meds dictate brain activity, will check in again later and comment,
NW xx

[nightwatch]

Hi, any CCA's received should be sent to. webmaster@all-about-debt.co.uk

don't cross anything out as only Niddy sees them, if you can put a link to this thread and your user name.

I have no idea what is going on with the ones that want you to clear security before complying with your request, it could just be in house rules but the letter should say that.
I also have never heard of needing to send a valid letter of authority. not sure I know what one is,
Did you use the CCA template from this site to make your request?

[wineaddict2020]

Hi,

I will send to Niddy!

I didn’t use CCA templates on this site as hadn’t discovered it at that point! I used the template from national debt advice website, sent them all normal 2nd class post and enclosed cheque for £1 with each one.

[nightwatch]

was it like this?


Dear Sir/Madam


Account No:

Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.


I look forward to hearing from you.

Yours faithfully

[wineaddict2020]

It was exactly that, yes!!

[nightwatch]

ok, no problem,
worded a wee bit different to the ones we use, so they just may be playing silly b's, Ignore the ones that want security for now, we can deal with them later,
let's see what Niddy says about the one you have got.

no rush, enjoy your weekend

NW

[Joanna Connolly Solicitors]

Di, who also has the bafta. Gosh if i could get the TV deal

Now there's an idea

Di

[Joanna Connolly Solicitors]

Halifax
(Think this was originally MBNA)

• Credit Card
• Opened June 1999
• Approx balance - £15,223.54
• Date last monthly payment paid in Full - May 2019 - DMP payments of £26 per month 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!

I think it's unlikely your Halifax credit card was originally MBNA.

Wait to see what credit agreement Halifax come up with (if any since this was from 1999) in response to your s77-79 CCA Request which you sent on 17th June so the debt should be unenforceable until or unless they do comply.

Di

[wineaddict2020]

I think it's unlikely your Halifax credit card was originally MBNA.

Wait to see what credit agreement Halifax come up with (if any since this was from 1999) in response to your s77-79 CCA Request which you sent on 17th June so the debt should be unenforceable until or unless they do comply.

Di

It may have been marbles?? Anyhow, it definitely didn't start out as Halifax.

So, I didn't send any of my CCA requests recorded delivery or even get proof of postage as i didn't realise and did it before i found thie forum. Most have either acknledged or cashed the cheque sent. But the three halifax accounts have all not responded and not cashed the cheques. Should i send again recorded delivery so i have proof of sending them?

[Timewilltell]

No harm in resending them with a signed for delivery, keep receipt and complete signed for details from Royal Mail track and trace records.
those that have replied keep their correspondence to confirm. Those that have cashed cheque without acknowledging you really need to get some form of written confirmation that they have cashed cheque and it was for the purpose of a sec77-79 request. Otherwise it is possible that they will say the payment was towards the account and thus reset the 6 year SB period.

[nightwatch]

As Timewilltell says there is no harm in resending, but hold off for now while we see if anything comes back from them, plenty of time to get things sorted.
a lot of company's are not signing for post at the moment, so proof of posting, which is free is also a good option.

[Joanna Connolly Solicitors]

those that have cashed cheque without acknowledging you really need to get some form of written confirmation that they have cashed cheque and it was for the purpose of a sec77-79 request. Otherwise it is possible that they will say the payment was towards the account and thus reset the 6 year SB period.

Although maybe asking the debt owner for written confirmation of the reason for cashing the cheque could be seen as acknowledging the debt for Statute Barred purposes.

The AAD s77-79 CCA Request template letter makes it clear what the funds (£1) are for so it doesn't really matter what they do with the cheque.

Di

[nightwatch]

Although maybe asking the debt owner for written confirmation of the reason for cashing the cheque could be seen as acknowledging the debt for Statute Barred purposes.

The AAD s77-79 CCA Request template letter makes it clear what the funds (£1) are for so it doesn't really matter what they do with the cheque.

Di

They didn't use the AAD template DI,
they used the one in #19.

It doesn't state that they can only use it for the CCA request.

[Joanna Connolly Solicitors]

They didn't use the AAD template DI,
they used the one in #19.

It doesn't state that they can only use it for the CCA request.

If the OP asks the debt owner for written confirmation of the use of the funds then I would say that's acknowledging the debt for Statute Barred purposes.

I agree it would have been better if they had used the AAD template but I'm not sure that sending new CCA Requests won't just make the debt owners more determined to comply when prompted by such a letter which flags up their non-compliance.

At some point much further down the line a SAR could confirm whether or not a CCA Request was received - but definitely not yet.

Or if legal proceedings were issued then a new CCA Request can be sent to whomever owns the debt at the time.

Each debt is different and timing is everything, so a blanket decision to re-send to all of them now may not be the best way forward.

Di

[wineaddict2020]

Thanks Di, I wish I had used the AAD templates for the CCA requests but unfortunately I hadn’t discovered this site at the time I sent them.

I shall just sit tight and see what happens!

Although I last made a payment via DMP on 1st July 2020 so I suppose re-setting the SB time would only be by a matter of weeks.

But I sent 3 separate ones to Halifax in separate envelopes so I find it hard to believe none have been received so I think your advice of waiting and investigating later if needed is probably best.