Hi I am new to the forum but have been looking at similar posts etc to try and get my head around my situation etc.

This site is incredible and has given me the confidence to fight my alleged debts.

I entered a DMP in 2004 as got into financial difficulty due to numerous factors.

all the debts were obviously taken out prior to this probably late 1990s or early 2000s at the latest.

I have dumped the DMP as 12 years on nothing seems to have changed.

Was originally told that I would be debt free in 6 years but that's another story.

I have SAR'd the DMP company.

I am sending CCA requests for any credit card/loan debt.

Also have a overdraft debt with Lloyds - sending then a SAR.

List of debts below any advice greatly accepted.

All below defaulted 2004

M and S Loan now Robway £8k

Halifax CC now Cabot £4.5k

Lloyds CC now PRA Group £4k

MBNA CC now Link £4k

Barclay Card (EGG) CC now Cabot £3k

Barclay Card (Morgan Stanley) now Link £2

Capital One CC now Lowell £2k

Lloyds Loan now Cabot £580

Lloyds Loan now Apex £400.

Also my DMP provider put my Lloyd's current account/overdraft on the DMP without informing first saying because I had debts with Lloyds on the DMP then I couldnt bank with them - that was in 2007.

I am more than capable of handling the CCA requests etc

but will probably need some help with checking the agreements when they come back.

Also seems like the DCA's are escalating a lot to court these days.

Again I will have no issue defending any claim that can be defended with some assistance if possible.

Thanks in advance.

name names please

Name of who sorry?

If its the DMP then its EuroDebt

good glad you've dumped them

they are one of the worst.

Have you checked your credit files to see if any of these are still being reported?

http://Www.clearscore.com

http://Www.noddle.co.uk

Both free to subscribe to, go check please

All clear most dropped off in 2010 the overdraft dropped off in 2012 i think. Incidentally whats the best course to take with the overdraft (Lloyds now Apex) I know you cant send a CCA but is there anything I can send Apex - I have sent a SAR to Lloyds.

yep. CCA to apex

I bet pretty much all of them are unenforceable. Get a CCA going to each of them

Thanks renegadeimp. I didn't think you could send a CCA for an overdraft or have I misread? To be honest I am overloaded with info at the moment lol.

You cant cca for an overdraft as there is no credit agreement as such.

However, in your previous post, you have referred to the apex(lloyds) as a loan?

Could you clarify please?

Apex don't buy debts

Ignore them

Who are their client on their letters?

Thanks all for your replies. Apex are chasing two different Lloyd's accounts. One is one of my Lloyd's loans (circa £400) and they are also chasing my old current account/overdraft again with Lloyd's circa £2900.

you IGNORE APEX

they are a DCA that does not buy debts

but merely chases for their clients

who in this case are the original creditors LLoyds.

only the OWNER of a debt can do court.

dx

Thanks very much DX and everyone else who has who has replied. Will sit tight with Apex. Really appreciate your input can't believe it has taken me 12 years but better late than never.

if you are not already aware

just remember

a DCA is NOT A BAILIFF

and they have

NO SUCH LEGAL POWERS

dx

Hi had a letter off PRA saying account is being managed by Investigations and Litigation Department to look at outstanding debt for possible Litigation recovery. Letter dated 18th Nov so they havent had my CCA request yet. Do I need to send any thing else to them or wait for reply to CCA. Thanks.

they can willy wave all they like

no paperwork, not a chance in hell of enforcing anything

even if anything IS owed.

no you don't follow up failed CCA requests

12+2working days that's it

Thanks dx really appreciate the advice

Quick update in case anyone in same situation as me.

Was actually in the DMP for 14 years after checking:sad: meaning default dates were late 2002 early 2003 for most. I have CCA'd all DCA in November and SAR'd all OC in December

Lloyd's CC now PRA Group £4k - PRA returned my CCA from 1999 - illegible and they themselves have deemed it UE until they receive other documents. Also saw from my SAR that they requested the DN but were informed by the OC they did not have a copy

MBNA CC now Link £4k - Reply off link regarding CCA from 2001 - no CCA so also UE - already knew this from the SAR. They also reimbursed my £1 fee.

Halifax and Barclaycard have not replied to my SAR request within 40 days - is there a letter template I can send them?

Just waiting for other CCA's to come back to see what action to take on other accounts.

Thanks to all for the advice given so far.

If they have not replied to your CCA request then I would ignore and wait UNLESS they send anything like a letter before action which is when you write back saying

On xxxxxx I sent a lawful CCA request, to date you have not replied.

You can if you wish add the bit

As I am assure you are aware according to S77(4) or S78(6) while a S77/78 request is outstanding the account becomes unenforceable.

Thanks Fletch I intend ignoring until any LBA drops. My only real concern is my OD that Crapbot have got thinking of sending a prove it letter to them

I am not so hot on how to deal with overdrafts. I am just keeping my head down on both of mine, they will be statute barred before I start earning again, middle of next year.

Interestingly though , one of them issued me a S87 Default Notice and not a termination notice, it is littered with bank charges as well which, with interest would just about wipe it out.

I think I am fortunate in some ways in that I have had no income other than benefits or student loans now for nearly 7 years and stopped paying everything in January 2012.

looks like you removed yourself from the milking parlour mind

so how much debt is not 'written off'

as compared with what you can here with...........