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BankFodder BankFodder


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Everything posted by BobbiB

  1. Seems my comment regarding obsessing over CCA requests and avoiding paying debts hit a couple of nerves. Such self awareness ! The woman at the DCA I spoke to today was actually very helpful, polite and friendly which is more than I can say about some of the people on here.
  2. Even if they don't hold the correct paperwork they can COLLECT the debt they just can't enforce it through court. This is not my issue anyway. Some people on this site are OBSESSED with CCA requests and assume everyone wants to avoid paying their debts. My post clearly stated my focus is on the entry of AP markers on my credit file and if under s87 a default should have been issued. I take on board the advice given in post 26 and am wondering if I need to make a SAR request to get this information.
  3. The DCA said on the phone they don't have a copy of the credit agreement. Would I still send them a CCA request and then they request it from the OC or should I just send a CCA request to the OC ? I am thinking maybe a SAR request may be the way to go as would then get copies of everything regarding the sale of the debt and whatever else they hold including presumably the CCA if they have it - is that correct ?
  4. I have already written quoting ICO guidelines regarding defaults and am waiting for a response. I know the outcome can be very mixed for this so was just looking at another angle in case I need it. Don't think the Egg cc and banks transferring agreements really comes under section 87 as it specifically deals with the OC doing (a) to (e) by reason of any breach by the debtor or hirer of a regulated agreement. This would not apply in those situations as the debtors did not breach the agreement.
  5. Sorry the rest of your message just appeared. My point is that i am questioning if the OC have terminated their agreement with me as they sold on the debt to a DCA. If they have I believe they should have issued a default before doing so. You ask to what end. I want a backdated default. The continuing AP markers are causing considerable stress as they will prevent me moving forward in my life for a lot longer than a backdated default would.
  6. Hmmmmm ! Seen conflicting advice on this site, ICO guidance, Stepchange website and Compact Law website. Think it is time I contacted a solicitor as I am totally confused now. Was hoping to avoid having to pay out to fight this.
  7. In my original post I refer to this: Section 87 Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or ©to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. My point is they terminated the agreement when they sold the debt.
  8. Thanks catquest, can you please tell me where this comes from ?
  9. You should question my stress levels not my wisdom I have a young baby and am not ready to go down the CCA / SAR route at the moment as I need to deal with one thing at a time or my stress levels will go through the roof. I am just focusing on this issue at the moment. Wondering why we have the CCA if section 87 is not a legal remit ????
  10. Sounds like I need to consult a lawyer as this is all getting a bit beyond me. If silverfox1961 is reading I would appreciate your opinion on this. When you wrote that if a debt is sold to a DCA a default should be placed before sale did you mean should morally or legally ?
  11. Can you tell me which laws please. I have only really been looking into the Data Protection Act and Consumer Credit Act.
  12. I just spoke with the DCA and they confirmed that they own the account and it has never had a default notice issued on it. They was very helpful. Am I correct therefore that the OC broke the law (section 87 of the Consumer Credit Act 1974) when they sold my debt without issuing a default ?
  13. If the DCA are reporting the debt does that mean they own it i.e. they bought it from the OC ? The issue is I want them to add a backdated default to this account and if they won't do it under ICO guidelines I want them to do not under CCA. Spoke to Stepchange and they was not much help.
  14. I can see I need to find out if the debt was sold - fingers crossed it was ! My payments have always been less than 1% of the original balance so I would class that as a token payment personally. I have read the guidelines linked but see they was published in 2014. I started my DMP in 2003 so not sure if the guidelines are retrospective. I understood that other guidelines were in place at that time. I can't recall ever receiving a default notice from them but didn't open all my post at that time. I joined Stepchange to make the letters stop. And because I could not afford to continue the contractual payments on my debts due to divorce and the resulting chaos. I think I first got the credit card in 2000.
  15. Hello, I am currently on a DMP and trying to clean up my credit file. I have plans to do CCA / SAR requests later as I need to establish current balances and total charges and interest but first things first I want to clean up my credit file. I currently have one account showing on my file as Arrangement to pay. I know they should have marked me as defaulted in line with ICO guidelines 6 months into my DMP but I have been told on the phone they don't need to follow ICO guidelines. I have now put in a written complaint and am waiting for a response. While waiting I have done a lot of research and am now thinking they might actually have breached the Consumer Credit Act as section 87 states that service of a default notice is necessary before the creditor can become entitled, by reason of any breach by the debtor of a regulated agreement (a) terminate the agreement. 5 years into my DMP the original creditor passed my debt to a collection agency who are have continued to record AP markers rather than default me. Am I right to believe that by law they should have defaulted me before passing the debt to a DCA ? Does it makes difference if they sold the debt or if the DCA are acting on behalf of the OC ? I am not sure which applies in my situation. If they have broke the law according to the CCA how do I go about rectifying this - do I need a solicitor and to take them to court ? Thanks for any advice as I can't find anything online about this just the CCA itself.
  16. The DCA's who added the £1000 I might stop paying unless we come to an arrangement. Just don't want to risk CCJ's.
  17. I totally respect what you said Dodgeball and my intention was always to pay my debts in full however now I have a young family and my husband and I are struggling financially on one income and to put it bluntly I don't want my children to suffer because of my past problems. My plan is to CCA because I want to know if the DCA's could potentially go for CCJ's if I reduce my payments or offer partial settlements. I suppose I need to do SAR requests too because I think over £1000 has been added in interest etc since the DMP started.
  18. That is the plan ! Just wanted the OP to know that Dodgeball is correct and there is no need to make such large monthly payments if it is a struggle as the OP stated. I would not recommend such a long DMP but reducing payments in the short term could take the pressure off while the OP looks into possible solutions.
  19. Thanks so much for your advice. I will post debt breakdown as soon as I can get all my paperwork together. Planning to send CCA requests as advised. Should I just send these to DCA's ? I think a couple of my debts might still be with the OC. If the DCA cannot product the credit agreement does this mean they cannot apply for a CCJ ? My main priority right now is to improve my credit reference file as I now have a child and want to be able to apply for a mortgage in a year maybe so to give my child stability. Also, do you think that by me sending a CCA request it could prompt DCA's to apply for a CCJ ? As most of my defaults have fell off and I am working on the remaining 2 negative entries on my credit reports I don't want to risk this. Thinking maybe I should let sleeping dogs lie and just keep paying my DMP till I have got a mortgage and bought a house.
  20. FYI I started a DMP with step change 12 years ago paying 85pm on 39k. Later I increased my payments to 200pm . My balance is now approx 25k and I am still paying 200pm. Phone step change and explain your circumstances have changed so you need to reassess your payments.
  21. Thanks for the response. I am with stepchange so don't pay fees. Think I remember them saying I should consider bankruptcy or an IVA and wish I had done that now. Guess I am stuck with these payments now or I risk messing up my credit file again.
  22. Hello, I entered a DMP 12 years ago which still has another 8 years to go. Most of the debts defaulted me over 6 years ago so the records have fallen off my credit reports although I am still paying them through my DMP. The remaining debts I am attempting to get removed. Due to family issues money is very tight at the moment and I am starting to begrudge paying my DMP as I feel that the DCA's have probably had more money off me than they paid for the debt. I also regret not going bankrupt or simply not paying as either way I wouldn't have these payments hanging over me now as the bankruptcy would have ended long ago or the debts become statute barred. I wanted to "do the right thing" but now I am wondering what would happen if I simply stopped paying my DMP now (after I have hopefully got the remaining defaults showing backdated and therefore removed from my record). Could the DCA's get a CCJ ? If they did would it show on my credit report given that the debts have already fell off ?
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