Hi everyone

I've been on a DMP since 2012. All my defaults have dropped off my credit file. However, last year I sent off some CCA requests and received a few replies which I filed away at the time but would now like to check whether they are unenforceable. Also, Link did not reply to any of the requests I sent them and there were 4. Should I write again to them or just stop payments? And is there anyone who can check the CCA's for me, please?

Thanks in advance

Send the ones you got to (no scrubbing out) to:- webmaster@all-about-debt.co.uk for checking and get a diary for each debt started, keep a file of all paperwork etc for each debt, especially out standing CCA request

did you send the Regulatory £1.00 postal order with each CCA request?? [USER="6334"]Diana Mayhew[/USER] a chat with her may be useful?

Helpme34;n1524656 I've been on a DMP since 2012. All my defaults have dropped off my credit file. However, last year I sent off some CCA requests and received a few replies which I filed away at the time but would now like to check whether they are unenforceable.

Hello :happy

(I've replied to your PM)

Seven years in a DMP is a long time. Is it one of the free/charity ones or have you been paying for the service? It's definitely a good idea to reassess things.

The credit agreements you've received from various creditors need checking for blatant unenfrceability i.e. errors or omissions which can never be remedied for various reasons.

Then there will be credit agreements with 'things' missing but those could be put right if the debt owner tries harder because you've drawn attention to the flaws - so don't do that!

There may even be credit agreements which are 100% enforceable but the debt owner has failed to comply with their other statutory duties so the 'enforceability' of the credit agreement is irrelevant.

Are these debts still with the original creditors or have they all been assigned to debt purchasers (you've mentioned Link)? The assignment can throw up major legal issues for the debt purchasers who have to prove they have the legal right to collect the debt.

The best way forward is to have some background to each debt so guidance can be given in context.

Start a new post on this thread for each debt using this format >

• Type of account (credit card/loan/catalogue)
• Date commenced (ideally before April 2007)
• 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 original lender or a debt purchaser)

I look forward to helping you.

Di

Thank you both for your help.
I am currently with Payplan and my DMP will end around 2038! I am due a yearly review (overdue by a few days now)
My job is in financial services so cannot go down the IVA or bankruptcy route.

Yes i did send the £1 postal orders for each debt.

And I'll start a diary at the weekend with all the details.

regards

Helpme34;n1524708 My job is in financial services so cannot go down the IVA or bankruptcy route.

And I'll start a diary at the weekend with all the details.

Maybe that's no bad thing (that you can't go down the IVA or BR route)

List all the debts then suggestions can be made as to the way forward.

If you stop paying them via Payplan to go self-managed there will be a flurry of letters and phone calls, but the noise will soon die down.

Di

Helpme34 UE Diary :

• Barclaycard
• Feb 2009
• £3120
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

• Barclaycard
• Feb 2008
• £1454
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

• Virgin MBNA credit card
• Feb 2009
• £1509
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

• MBNA Credit Card
• Apr 2007
• £5385
• Last full payment: June 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

• Halifax Credit Card
• Apr 2008
• £3132
• Last full payment: July 2012
• DMP
• Defaulted Nov 2012 - dropped off file
• Wescot Credit Services

• Barclays credit card – possibly EGG
• Jan 2004
• £2684
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• PRA Group

• Barclaycard
• Dec 1999
• £3729
• Last full payment: July 2012
• DMP
• Defaulted March 2013 – dropped off credit file
• Link Financial

• Virgin MBNA credit card
• May 2009
• £2457
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• Link Financial

• HSPF then HBOS Bank of Scotland Credit card
• Feb 2010
• £1184
• June 2012
• DMP
• Defaulted Feb 2013
• Moorcroft Debt Recovery

• HSPF Loan
• Feb 2010
• £11736.95
• Last Full payment: Jun 2012
• DMP
• Defaulted Dec 2012 - dropped off credit file
• Drydens Fairfax Sols

• Santander Credit card
• Feb 2008
• £2618
• Jul 2012
• DMP
• Defaulted Jan 2013 - dropped off credit file
• Wescot Credit Services

I hope I've done the diary correctly. Waiting for your response

Helpme34;n1524860I hope I've done the diary correctly. Waiting for your response

I'll take a peek at each one and comment :happy

I'm sure others will do the same.

Di

Helpme34;n1524856Helpme34 UE Diary :

• Barclaycard
• Feb 2009
• £3120
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

Debt No 1

Did this account begin as Barclaycard or could it have been an Egg credit card which Barclaycard purchased in 2011?

Did you have PPI on this account?

I would send a s 77/78 CCA Request to PRA to get the ball rolling.

Or have you already done that?

Di

Helpme34;n1524856


Barclaycard

• Feb 2008
• £1454
• Last full payment: July 2012
• DMP
• Defaulted Jan 2013– dropped off credit file
• PRA Group

Debt No 2

Same questions :happy

Was Barclaycard the original account holder and did you have PPI?

Since it's now been assigned to PRA I would send a s 77/79 CCA Request to them.

If you've already sent a request and had a response then email it (the documents PRA sent) to Niddy (the forum owner) using webmaster@all-about-debt.co.uk

Di

Helpme34;n1524856

• Virgin MBNA credit card
• Feb 2009
• £1509
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

Debt No 3


Did you apply online for this Virgin MBNA credit card?

I see it's been assigned to Link and from your first post they have not responded to your s 77/78 CCA Request.

Don't write to remind them because the debt will be unenforceable until or unless they produce the credit agreement within the statutory timeframe.

Do nothing for now.

Di

Helpme34;n1524856

• MBNA Credit Card
• Apr 2007
• £5385
• Last full payment: June 2012
• DMP
• Defaulted Feb 2013 – dropped off file
• Link Financial

Debt No 4

I'll assume that Link haven't responded to your s 77/78 CCA Request for this debt either (according to your first post).

In which case the debt will become unenforceable until or unless they do comply. When did you send the request?

Don't write to Link again or they may try harder to comply, which is exactly what you don't want them to do!

Di

Helpme34;n1524856

• Halifax Credit Card
• Apr 2008
• £3132
• Last full payment: July 2012
• DMP
• Defaulted Nov 2012 - dropped off file
• Wescot Credit Services

Debt No 5

Is Halifax still the owner of this debt or could it have been assigned/sold to a debt purchaser?

Westcot Credit Services are a Debt Collection Agency who would be acting on behalf of the debt owner.

Have you sent a s 77/78 CCA Request to anyone for this debt yet?

Di

Helpme34;n1524856

• Barclays credit card – possibly EGG
• Jan 2004
• £2684
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• PRA Group

Debt No 6

If this was an Egg credit card from the beginning (2004) which was subsequently bought by Barclaycard it'll be interesting to see what documents PRA produce. They need the credit agreement and the appropriate Ts & Cs from inception. This can be a struggle for them in some circumstances.

If you've already sent the s 77/78 CCA Request and had a response then email it to Niddy using webmaster@all-about-debt.co.uk

Di

Helpme34;n1524856

• Barclaycard
• Dec 1999
• £3729
• Last full payment: July 2012
• DMP
• Defaulted March 2013 – dropped off credit file
• Link Financial

Debt No 7

A compliant Barclaycard credit agreement from 1999 may be a challenge for a debt purchaser to source.

Would you have opened this in branch or in response to an Invitation letter etc?

Is this another one where Link have not responded to your s 77/78 CCA Request?

If so then sit tight to see what they say or do next.

Di

Helpme34;n1524856

• Virgin MBNA credit card
• May 2009
• £2457
• Last full payment: July 2012
• DMP
• Defaulted Feb 2013 – dropped off credit file
• Link Financial

Debt No 8

If Link have not replied to your s 77/78 CCA Request then this one will also be unenforceable until or unless they do comply.

No need to send any follow-up correspondence.

Di

Helpme34;n1524856

• HSPF then HBOS Bank of Scotland Credit card
• Feb 2010
• £1184
• June 2012
• DMP
• Defaulted Feb 2013
• Moorcroft Debt Recovery

Debt No 9

Home Shopping Personal Finance?

What's the story behind this account - could it have been an unsecured loan not a credit card?

Who currently owns the debt since Moorcroft Debt Recovery are a Debt Collection Agency?

Di

Helpme34;n1524856

• HSPF Loan
• Feb 2010
• £11736.95
• Last Full payment: Jun 2012
• DMP
• Defaulted Dec 2012 - dropped off credit file
• Drydens Fairfax Sols

Debt No 10

This debt was definitely a HSPF loan (according to you). Was there any PPI involved?

I can see it's with DrydensFairfax solicitors but who is their client (the current debt owner)?

Have you been sent anything threatening such as a Letter of Claim which needs attention since it's £11k?

Have you sent a s 77/78 CCA Request to anyone for this debt?

Di

Helpme34;n1524856

• Santander Credit card
• Feb 2008
• £2618
• Jul 2012
• DMP
• Defaulted Jan 2013 - dropped off credit file
• Wescot Credit Services

Debt No 11

Is this one still with Santander or has it been assigned/sold to a debt purchaser?

As long as you're still paying the original creditor it's unlikely to be sold. When a debt is assigned it can make things easier for you because the debt purchaser doesn't necessarily have access to the historical data/information making it potentially harder for them to comply with any request for documents.

It's not only the credit agreement which they would need to enforce the debt in court, it can be loads of other things such as the Default Notice and proof that they have Title to the debt (assignment issues).

Di