Owe Money on Lots Of Debts - looking likely to default-any Advice Please

[Heretolearn]

Ok cool, can I CCA them on the tesco mobile debt?, will be CCA'ing them on the CC Debt , and the letters /threatograms are all one way...They are on their third threatogram re tesco/cc because Ive not responded 

[Peterbard]

Hi, shame we cant see the agreement. What you are looking for is anything that mentions post termination interest, or "until the total sum is paid", plus prime terms and finantia details APR etc.of course.

 

You can ignore pre contractual info.

[Heretolearn]

Hi Dodgeball, would that refer to the tesco debt...or the CC...Or the Cat debt (Cat debt I received all details from OC..Just not had time to go through paperwork )

[Peterbard]

LOL caught me out, I didn't read the whole thread.

Any post termination interest, that is demanded after a default is sent, must be mentioned in the loan T and Cs and on the default note, otherwise all they can charge is 8% simple interest on the debt.

 

I will read the whole thread, we really need to see the CCA and a n87 default otice, if issued. A time frame for each debt would be good also.

[Heretolearn]

Ok will sort stuff out , in the meantime I will CCA LOWELL ON tesco and the CC Debt

[dx100uk]

you cant cca a mobile debt

but that will be monthly fee till end of contract that was already disconnected, so totally bogus.

let them sweat, just don't ignore any letter of claim from Lowell solicitors.

 

dx

 

[Heretolearn]

 

yeah thought you couldn't, thanks for the info , will CCA on the Credit Card

[Heretolearn]

Update, Letting them sweat, average threat-gram is once a week 

 

Also can anyone advise on the below

 

Vanquis CC...

I defaulted on payment on minimum payment with them ,

we agreed for me to pay a nominal sum per month ,

then in june last year without warning they gave it to Arrow..

 

.I ignored the one letter from Arrow...

and also cancelled the nominal payment to Vanquis,

nothing heard of until yesterday ,

 

when I receive a letter from NCO Europe demanding payment etc,

I understand under GDPR rules, all parties need your consent to release data, ie Vanquis to Arrows, Arrows to NCO Europe...

[dx100uk]

arrows bought the debt and all rights

NCO are a trading name of arrows.

 

same as the rest

do NOT ignore a letter of claim 

 

dx

 

[Heretolearn]

Just an update ,

received a letter regarding just before 30/06 From Lowell's chasing two debts...

.I did notice they were CCA taken out 2nd of july 2014

 

I have never acknowledged them with Lowells  who purchased them from OC,

my last correspondence with OC was 3 years ago ,

would these now go under the six year drop off or does that start from the last contact with oc 3 years ago 

 

Just a word for anyone going through a crisis with Debt problems , it will get better ,  , control what you can control. don't worry about what you cannot control,

 

this website has been amazing , and continues to be , if you can donate please do 

[London1971]

What was the nature of the correspondence ? When was the last payment? When was the default?

[Heretolearn]

It was a annual statement from lowell 

Default 2017 last payment then 

which probably negates the six year drop off 

[London1971]

Statute barred 6 years after last payment. So 2023! Although it drops off your credit file on the 6th anniversary of its default, invisible to lenders for ever.

 

Do they have your current address. Have you Have you sent off a CCA request?

[Heretolearn]

No , I am already dealing with them on another debt which is an instalment plan , but buttons 

[dx100uk]

why are you running the SB clock by paying then anything on any debt?

 

dx

 

[London1971]

Oh God, why are you Paying them still

[Heretolearn]

 

This is a CCA debt which they provided CCA , and paperwork of usual stuff court threat  etc , unless agreement was set up 

 

If you go back through  the thread , this was suggested by a cagger 

[dx100uk]

can we see this CCA return , we never did..

 

dx

 

[Heretolearn]

yeah will upload sometime 

[London1971]

Ok, I understand. Personally I’ve never paid anything even when they have come up with the CCA.

 

The reason for this is that Lowell’s MO is to Attack people who have not given them updated address details. This is so that they can send a claim form to the old address and gain an undefended CCJ by default. Often the first thing you know is getting turned down for credit. That’s easy money for them. 90% don’t defend.

 

If they have your current address they know that There is a chance you will defend, and win because they only buy debts with something wrong with them. Therefore the chances are 90% there will be no further action ever and it will go statute barred. Problem is , if you start paying them the debt will never go Barred.

 

 

[Heretolearn]

Hi

I have received a  letter of claim/ Before court action from overdales solicitors ( Lowell ) regarding a very account which I took out over six years ago, asking for my outgoings/ request to set up a payment plan

I had defaulted , It was passed to Lowell , I came here , did the usual , gathered info , requested CCA which they did provide from Very,

I set up a token payment plan...for some strange reason this was stopped on their side...midway through last year ,

I got letters sent saying now you have cleared this debt ???  (still owed a substantial amount) and why not pay the other outstanding accounts on a CC  and a mobile bill they hold ...

.on those I have always requested a CCA but that's never appeared ,

so have ignored them on those two.

..should I request another CCA on the Very account ?

[AndyOrch]

No point having already done it, but with regards to the LBA its important that you have retained copies of the following :-

Quote

so I set up a token payment plan...for some strange reason this was stopped on their side...midway through last year , and then I got letters sent saying now you have cleared this debt

This may come in useful later in the process. 

Read here :-

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

Andy

 

[dx100uk]

threads merged.

why oh why did you blindly assume the CCA was enforceable without posting it here 1st and start being a cash cow again?

all you do is run the SB date to infinity...........

dx

 

[Heretolearn]

My fault entirely....

Also looking at my credit file regarding this ...it says 

Default of £x,xxx, recorded May  2018     Reported until May  2024

Any advice ....Do I go for CCA again 

 

Thanks

 

 

 

[dx100uk]

so may next year the whole debt vanishes from your credit file.

doesn't mean its not still owed mind.

esp as you'd restarted payments.

why do you need to resend a CCA request.

just scan up their previous return here that you think is enforceable........

dx