Debt help with CCA requests and full and final settlement offer

[dx100uk]

On 18/04/2021 at 12:55, dx100uk said:

takeout dates of each debt please

and the defaulted date of each if its still showing on credit files.

forget the OD debts simply stop paying

get an sar off to each OC of each OD debt too.

 

as for the rest bar the 2 still with the OC's

send each DCA a CCA request as advised above

bet 90% of the debts will be unenforceable cash cow accounts.

 

plenty of like threads here to read...

 

dx

 

 

  

18 hours ago, dx100uk said:

i'd get an SAR off to RBS

and

one to EGG , you'll probably have to use the Canadian Square address for EGG. probably now CITI Finance overseen.

plenty of EGG threads in the EGG forum and the address details.

same for RBS in the RBS forum.

 

 

 

 

 

[Juandy]

Ok ,thanks.

So I will send sar to RBS, egg and capital one. 

Send sar to 2 od oc Halifax and Lloyds  

And send cca's to the rest.

I will get these all done and send this week

[dx100uk]

7 hours ago, Juandy said:

I may have done something wrong,  I have already posted 5 cca requests, 2 of which were to moorcroft and aic.

I have also sent a CCA to pra group, link financial and 1 Robinson way account.

Please advise what I should do now

but you've already done some of that you said earlier...

 

dx

[Juandy]

Yes ,I will  sort out the rest apart from those I've done.

Thanks for bearing with me

[dx100uk]

 

plenty of like threads here to read in this forum yours is in too.

 

 

[dx100uk]

Quote

 

I understand the cca requests as you tell them you are waiting to receive the relevant documents before you make any more payments.  But unsure what to say regarding the od accounts and the sar requests.  

 

Please advise

 

Once again, thanks for your help 

 

 

Let the od's run dont pay anymore

 

As for the cca's i doubt you need to pay in the next 12+2 working days anyway?? 

[fletch70]

Just for the record , under certain circumstances,  overdrafts do now fall under the CCA and you can send CCA requests- there is case law MFS Portfolio Limited v Phelan & West. However, most debt purchasers don't actually realise that. 

 

In my experience, RBS/Natwest are reluctant to sell on debts that are being paid- they didn't sell mine for a long time and when they did to Cabot , Cabot were unable to find the agreement.

[Juandy]

Will send cca's to both od accounts.

Have cancelled standing orders to od accounts. 

How should I respond to CCA's when they contact me about non payment 

[dx100uk]

OD's only might poss be covered by section 5 i believe... did you ever sign anything on either OD, if not pointless sending a CCA.

 

as for if or when you get any returns for any CCA requests start a new topic in the name of the OC and scan up the CCa return to one multipager PDF 

read our upload guide carefully 

[Juandy]

I won't bother with CCA's to od accs then. I'll just send the sar requests .

How should I respond to the dca's when they contact me about non payment on my overdraft accounts. 

[dx100uk]

Ignore them until or unless you get a letter of claim.

[fletch70]

1 hour ago, dx100uk said:

OD's only might poss be covered by section 5 i believe... did you ever sign anything on either OD, if not pointless sending a CCA.

 

as for if or when you get any returns for any CCA requests start a new topic in the name of the OC and scan up the CCa return to one multipager PDF 

read our upload guide carefully 

Just to be factually correct HHJ Walden-Smith did say that current accounts were subject to S78 and therefore if the creditor did not comply the account would be UE as per S78(6) CCA. I suppose it depends if you want to run the unenforecability argument and try not to get a claim or even a letter of claim or feel you have a strong enough case to defend if a claim lands on your doormat. I personally favour the former as getting a letter of claim and/or a claim form is really rather stressful.

[AndyOrch]

Yes but that was on appeal and only granted because of lack of proof of assignment......not on the question of section 78 vs current accounts.....initially the case was lost at County Court level. Either way this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. .

Andy

 

 

 

[fletch70]

Very true Andy. Glad to see you read the post about it. I wasn't saying a case had been won on it but the protection supplied by S78 was available for overdrafts and that the old arguments as given by Dx were no longer entirely accurate. Therefore there may be a point in sending S78 requests to overdrafts

[AndyOrch]

I've not read any posts but was aware of the case...but that was one judge and a circuit judge in this instance...but most district judges would stick to the norm and accept that sec 78 is not applicable to current accounts as they are excluded due to part V

 

You can still request documentation for current accounts using 74A 74B...although none compliance would not render them unenforceable but could assist in any defence challenging a claim.

 

Alternatively you  could use sec 61 CCA1974 in questioning the enforceability if we run with  HHJ Walden-Smith given that she insists a current account is a regulated running credit agreement.

[fletch70]

It was the way you wrote which was very similar to a linked in post hence my thought you had read the post. As HHJ  Walden-Smith was sitting as a circuit judge , you would hope her decision would be more persuasive than a  DJ or DDJ. 

[Juandy]

Hi, have sent all dca's cca requests. The majority have replied that either they haven't been able to speak to oc. Or they are awaiting to hear from oc.

Stopped all payments for nearly two months now.

I have currently blocked phone calls from dca's and am ignoring letters asking for new plans to be set up.

Am I doing the right thing or should I be responding to the dca's  in any way.

Many thanks for your help 

[London1971]

Keep ignoring them. All are unenforceable.

[Juandy]

Thanks for your reply. 

So dont answer any calls or reply to any mail.

Getting lots of calls and messages from Cabot but at minute only asking about missed payments and setting up new plans

[London1971]

Ignore them , let those idiots sing for it. Highly unlikely they will ever be getting any from you again.

 

If you should happen to accidentally pick up, no need to be rude ‘ sorry I don’t give out personal details on the phone, goodbye’

[dx100uk]

On 21/04/2021 at 12:38, dx100uk said:

Ignore them until or unless you get a letter of claim.

 

threads merged.