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  • Emm1e UE Diary

    Hi all

    I am new to this site and Unenforceability. I have read some posts and other diaries so am now setting up mu own diary with the information suggested.

    My husband and I set up a self-managed DMP last October after we were both made redundant, and have been paying £I token payments each month since. I sent off CCA Requests to most of our creditors and have received some responses, but have no idea what I'm looking for in the agreements. I also don't know if I should continue with the monthly token payments, especially one of the Barclaycard ones which has currently come back unenforceable. Any help and advice would be appreciated. Thank You!

    Lender: Lloyds
    Account Type: Credit Card
    Taken out: 13.10.2013
    Approx Balance: £7,455.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Jan 19
    Arrangement: DMP token payment
    Status: Default 25.01.2017
    Account Owner: Moorcroft
    CCA Requested: 01.09.17
    CCA Docs rec'd: 18.09.17, Reconstituted

    Sept 16: Letter to Lloyds advising of financial situation, offering £1 token payment.
    05.10.16: acknowledgement letter from Lloyds, also advising account being passed to Recoveries team. No further interest will not be charged whilst account being transferred.
    08.12.16: Default notice issued - noted and filed.
    22.12.16: Letter from Lloyds-account being passed to customer priority team - noted and filed.
    03.01.17: Lloyds letter CCA notice re: missed payments - noted and filed.
    04.01.17: Lloyds letter - account on way to recoveries. Acknowledgement of acceptance of £1 token payments - noted and filed.
    09.01.17: Lloyds letter - formal demand to repay balance - noted and filed.
    25.01.17: Lloyds letter: Acceptance of £1 token payment temporary repayment programme - noted and filed.
    01.09.17: CCA requested
    07.09.17: Lloyds letter: Acceptance of £1 token payment temporary repayment programme - noted and filed.
    14.09.17: Lloyds letter: CCA docs received - noted and filed.
    11.10.17 - CCA Agreement emailed to Niddy
    30.10.17: Niddy advised "Enforceable"
    18.12.17: Lloyds letter: Acceptance of £1 token payment temporary repayment programme - noted and filed.
    19.12.17: Lloyds statement of account received - noted and filed.
    20.12.17: Lloyds statement of account received - noted and filed.
    06.04.18: Lloyds letter repayment plan confirming should be received by 11th of each month - noted and filed.
    25.10.18: Lloyds letter advising management of account has been transferred to Moorcroft Group - noted and filed.
    05.11.18: Moorcroft letter confirming account now managed by them - noted and filed.
    15.11.18: Lloyds statement of account - noted and filed.
    06.12.18: Moorcroft acknowledgement letter of £1 token payments.


    Lender Lloyds
    Account Type: Loan
    Taken out: approx 2014
    Approx Balance: £5,010.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Jan 19
    Arrangement: DMP token payment
    Status: Default 24.01.2017
    Account Owner: Moorcroft Group
    CCA Requested: 01.09.17
    CCA Docs rec'd: 25.09.17


    Sept 16: Letter to Lloyds advising of financial difficulties and DMP £1 token payment
    28.09.16: Lloyds acknowledgement letter and agreement of £1 payments, temp no further interest
    25.11.16: Lloyds letter Default notice
    25.11.16: Lloyds letter CCA notice
    22.12.16: Lloyds letter advising account sent to customer priority team
    04.01.17: Lloyds letter formal demand to repay balance
    04.01.17: Lloyds letter account on way to recoveries team
    20.01.17: Lloyds letter – statement
    28.06.17: Lloyds letter acceptance of £1 payment temporary arrangement
    07.07.17: Lloyds CCA notice
    01.09.17: CCA Request made
    22.09.17: CCA docs received
    11.10.17: CCA docs emailed to Niddy
    30.10.17: Niddy advised “enforceable”
    05.10.17: Lloyds letter confirming £1 temporary arrangement
    21.12.17: Lloyds CCA notice
    04.06.18: Lloyds CCA notice
    15.10.18: Lloyds letter advising management of account has been transferred to Moorcroft Group
    25.10.18: Lloyds letter confirming account moved to Moorcroft with immediate effect
    30.10.18: Moorcroft letter confirming account will now be managed by them
    14.11.18: Lloyds statement
    07.12.18: Moorcroft payment confirmation £1 payment received from Lloyds and future payments to be made directly to them


    Lender Barclays
    Account Type: Credit Card
    Taken out: 1998
    Approx Balance: £5,900.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Sep-17
    Arrangement: DMP token payment
    Status: Default 04.01.2017
    Account Owner: PRA Group
    CCA Requested: 01.09.17
    CCA Docs rec'd: 15.09.2017
    My married name is on first page of the reconstituted agreement- I wasn't married then!

    Sept 16: Letter to Barclays advising of financial difficulty and £1 token payments offered.
    28.09.16: Barclays acceptance letter of £1 token payments, no further interest or fees – noted and filed.
    04.01.17: Letter from Barclays – default registered on account
    09.01.17: Barclays acknowledgement letter accepting £1 token payments – noted and filed.
    01.09.17: CCA request made
    13.09.17: Reconstituted CCA docs received – noted and filed.
    11.10.17 - CCA Agreement emailed to Niddy
    30.10.17: Niddy advised “unenforceable”
    14.12.17: Letter from PRA advising they have recently purchased balance from Barclaycard
    14.12.17: Barclays letter advising account has been transferred to PRA Group.
    21.12:18: New CCA docs supplied by PRA, emailed to Niddy
    07.01.19: Niddy advised it still looks unenforceable due to faults in the prescribed terms, in his opinion.



    Lender: Barclays
    Account Type: Credit Card
    Taken out: approx 1999
    Approx Balance: £10,772.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Sep-17
    Arrangement: DMP token payment
    Status: Default 24.11.2016
    Account Owner: PRA Group
    CCA Requested: 01.09.17
    CCA Docs rec'd: Letter rec'd dated 18.09 to advise unable to fulfil request so unenforceable


    Sept 16: Letter sent to advise of financial difficulties and DMP £1 token payments.
    28.09.16: Barclays letter confirming £1 token payments accepted
    26.10.16: Barclays letter default notice served
    24.11.16: Barclays letter default registered on account
    09.01.17: Barclays letter confirming £1 payments for next 12 months
    01.09.17: CCA Request made
    18.09.17: Barclays letter advising they are unable to supply CCA docs and they know they are unable to enforce the agreement.
    11.10.17: Letter emailed to Niddy – agreed “unenforceable”
    10.11.17: Barclays letter advising account will soon transfer to PRA Group
    14.12.17: Barclays letter advised account now transferred to PRA Group
    07.06.17: PRA Group letter enclosing Barclays varied T&C’s but they are unable to provide a copy of my original agreement and they have currently classified this debt as unenforceable.
    14.06.18: PRA Group letter enclosing further documentation but still advising that they are still awaiting further documents and they are not able to take court action or further enforcement action.


    Lender Sainsburys
    Account Type: Credit Card
    Taken out: Approx 2008
    Approx Balance: £13,370.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Jan 19
    Arrangement: DMP token payment
    Status Default: 13.01.2017
    Account Owner: Sainsburys
    CCA Requested: 01.09.17
    CCA Docs rec'd: nothing received to date

    Sept 16: Letter to Sainsburys advising of financial difficulties and DMP £1 payment
    13.12.16: Sainsburys default notice
    23.12.16: Sainsburys acknowledgement letter and agreement to £1 payments, to be reviewed in 6 months
    03.05.17: Sainsburys letter advising account transferred to recoveries
    10.05.17: Sainsburys letter agreement to £1 payment
    01.09.17: CCA Request made
    11.10.17 - Chase letter sent to Sainburys re: CCA Request
    14.11.17: Sainsburys letter checking that plan still manageable – noted and filed
    16.08.18: Sainsburys letter checking that plan still manageable – noted and filed
    12.10.18: Sainsburys notice of sum in arrears letter – noted and filed
    12.12.18: Sainsburys notice of sum in arrears letter – noted and filed


    Lender Tesco
    Account Type: Loan
    Taken out: 27.10.09
    Approx Balance: £2,200.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Jan 19
    Arrangement: DMP token payment
    Status: Default 14.11.16
    Account Owner: Tesco
    CCA Requested: 02.09.17
    CCA Docs rec'd: 20.09.17


    June 16: Letter to Tesco advising of financial difficulties and DMP £1 token payment
    01.07.16: Tesco acknowledge and acceptance letter of £1 token payment for 4 months – noted and filed.
    18.10.16: Tesco letter agreeing to £1 payment for 6 months – noted and filed.
    17.01.17: Tesco letter agreeing to £1 payment for 6 months – noted and filed.
    26.02.17: Tesco letter CCA notice – noted and filed.
    26.08.17: Tesco letter CCA notice – noted and filed.
    01.09.17: CCA Request made
    19.09.17: CCA docs received from Tesco – noted and filed.
    11.10.17 - CCA Agreement emailed to Niddy
    30.10.17: Niddy advised “enforceable”
    11.11.17: Tesco letter agreeing to £1 payment for 12 months – noted and filed.
    26.02.18: Tesco letter CCA notice – noted and filed.
    13.10.18: Tesco letter agreeing to £1 payment for 6 months – noted and filed.
    10.11.18: Tesco letter agreeing to £1 payment for 4 months – noted and filed.
    11.11.18: Tesco annual statement – noted and filed.


    Lender Barclays
    Account Type: Credit Card
    Taken out: Approx 2010
    Approx Balance: £4,148.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Sep-17
    Arrangement: DMP token payment
    Status: Default 04.01.17
    Account Owner: PRA Group
    CCA Requested: 02.09.17
    CCA Docs rec'd: 15.09.17, Reconstituted


    Sept 16: Letter to Barclays advising of financial difficulties and DMP offer £1 token payment
    28.09.16: Barclays acknowledgement letter, no further interest or fees– noted and filed.
    04.01.17: Barclays letter advising default registered on account – noted and filed.
    01.09.17: CCA Request made
    13.09.17: Barclays CCA docs received – noted and filed.
    11.10.17 - CCA Agreement emailed to Niddy
    30.10.17: Niddy advised Unenforceable
    07.11.17: Letter from Barclays advising account will soon be transferred to PRA Group – noted and filed. 14.12.17: Barclays letter confirming account has been transferred to PRA- noted and filed.
    14.12.17: PRA letter received advising account recently purchased.
    31.01.18: PRA letter – can we settle account with discounted figure – noted and filed.
    06.01.19: New docs supplied by PRA and emailed to Niddy
    07.01.19: Niddy advised “enforceable”


    Lender Creation (Asda)
    Account Type: Credit Card
    Taken out: approx 2014
    Approx Balance: £1,670.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Sep-17
    Arrangement: DMP £5
    Status: Not defaulted
    Account Owner: Lowells
    CCA Requested: Not requested
    CCA Docs rec'd: N/A

    06.04.18: Debt written off by DCA (Lowells)


    Lender Creation (Asda)
    Account Type: Credit Card
    Taken out: approx 2014
    Approx Balance: £2,798.00
    Date last paid (full payment): Sep-16
    Date last paid (£1 token payment): Dec-17
    Arrangement: DMP £5
    Status: Not defaulted
    Account Owner: Lowells
    CCA Requested: Not requested
    CCA Docs rec'd: N/A
    Sept 16: letter to Asda creation finance advising of financial difficulties and DMP £1 payment
    03.10.16: Creation acknowledgement letter received, also requesting bank statements and pay slips – noted and filed but nothing sent to them
    14.11.16: Creation letter chasing payslips and bank statements-noted and filed but not sent
    25.01.17: Creation letter advising no payments required for 6 months
    25.08.17: Creation letter advising that account has been sold to Lowell
    25.08.17: Lowell intro letter and confirmation that account has been sold to them
    09.01.18: Lowell payment not received letter
    Last edited by Emm1e; 8 January 2019, 21:53. Reason: updates

  • #2
    Hi

    Regarding the first Barclays credit card on your list, they have certainly cocked up by using your married name - but don't tell them that!

    Any CCA response documents you want checked for unenforceability,. you should scan and email them to Niddy - webmaster@all-about-debt.co.uk - title the email Emm1e's CCA agreements, and in the email include a link to this thread - https://www.all-about-debt.co.uk/for...ry#post1500550 .

    Don't blank out anything on the documents, only Niddy will see them and it is quite secure.

    Good luck

    Comment


    • #3
      Thanks for your reply. I will scan the papers in the next couple of days. Should I just continue paying for now? Thanks

      Comment


      • #4
        Originally posted by Emm1e View Post
        Thanks for your reply. I will scan the papers in the next couple of days. Should I just continue paying for now? Thanks
        I know that at the outset it can be a bit unnerving, contemplating rocking the boat with your creditors, so you may feel happier continuing with your token payments for the moment until the position on each account becomes clearer. Your call on that. I see that the majority are post 2007, so they are more likely to be enforceable than the older ones.

        For any accounts that turn out to be unenforceable, you have to go 6 years without acknowledging the debt to reach Statute Barred, so the sooner you stop payments the sooner the countdown starts. (Actually the same is true for enforceable ones too). Bear in mind that, particularly for older debts, it can take several months (or even longer) for a creditor to produce a copy of the agreement.

        Comment


        • #5
          Hi,
          I’ve emailed my CCA agreements over and updated my comments in my original post. Am I meant to do anything else or will the emails just be picked up and looked at. I appreciate they are lengthy documents but just wondered what the general turn around time is so that I know what to expect.
          many thanks

          Comment


          • #6
            Hi, Niddy is away for a couple of weeks. I'm not sure when he will be back, so if you haven't heard back from him on 3 weeks I would resend them with a link to this thread - he will have a lot to go through!
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              That’s great, thanks for the heads up

              Comment


              • #8
                he is away till end of the month
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Hi, I’m still lurking in the background. A year after requesting the CCA, The PRA group have sent us a document in relation to one of our credit cards. Is anyone able to take a look at it and advise if it is compliant please?

                  Comment


                  • #10
                    Hi, does Niddy still review documents please? I've emailed some to the email address I have from 2017. I put a post up in Dec 18 but got no response - is this site/these pages still monitored? Many thanks

                    Comment


                    • #11
                      webmaster@all-about-debt.co.uk
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Originally posted by Emm1e View Post
                        Hi all

                        I am new to this site and Unenforceability. I have read some posts and other diaries so am now setting up mu own diary with the information suggested.

                        My husband and I set up a self-managed DMP last October after we were both made redundant, and have been paying £I token payments each month since. I sent off CCA Requests to most of our creditors and have received some responses, but have no idea what I'm looking for in the agreements. I also don't know if I should continue with the monthly token payments, especially one of the Barclaycard ones which has currently come back unenforceable. Any help and advice would be appreciated. Thank You!

                        Lender: Lloyds
                        Account Type: Credit Card
                        Taken out: 13.10.2013
                        Approx Balance: £7,455.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 25.01.2017
                        Account Owner: Lloyds
                        CCA Requested: 01.09.17
                        CCA Docs rec'd: 18.09.17, Reconstituted

                        11.10.17 - CCA Agreement emailed to Niddy

                        Lender Lloyds
                        Account Type: Loan
                        Taken out: approx 2014
                        Approx Balance: £5,010.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 24.01.2017
                        Account Owner: Lloyds
                        CCA Requested: 01.09.17
                        CCA Docs rec'd: 25.09.17

                        11.10.17 - CCA Agreement emailed to Niddy


                        Lender Barclays
                        Account Type: Credit Card
                        Taken out: 1998
                        Approx Balance: £5,900.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 04.01.2017
                        Account Owner: Barclays
                        CCA Requested: 01.09.17
                        CCA Docs rec'd: 15.09.2017
                        My married name is on first page of the reconstituted agreement- I wasn't married then!

                        11.10.17 - CCA Agreement emailed to Niddy
                        Unenforceable
                        06.01.19 - new docs supplied by PRA, emailed to Niddy




                        Lender: Barclays
                        Account Type: Credit Card
                        Taken out: approx 1999
                        Approx Balance: £10,772.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 24.11.2016
                        Account Owner: Barclays
                        CCA Requested: 01.09.17
                        CCA Docs rec'd: Letter rec'd dated 18.09 to advise unable to fulfil request so unenforceable

                        11.10.17 - Letter emailed to Niddy

                        Lender Sainsburys
                        Account Type: Credit Card
                        Taken out: Approx 2008
                        Approx Balance: £13,370.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status Default: 13.01.2017
                        Account Owner: Sainsburys
                        CCA Requested: 01.09.17
                        CCA Docs rec'd: no reply yet

                        11.10.17 - Chase letter sent to Sainburys re: CCA Request


                        Lender Tesco
                        Account Type: Loan
                        Taken out: 27.10.09
                        Approx Balance: £2,200.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 14.11.16
                        Account Owner: Tesco
                        CCA Requested: 02.09.17
                        CCA Docs rec'd: 20.09.17

                        11.10.17 - CCA Agreement emailed to Niddy


                        Lender Barclays
                        Account Type: Credit Card
                        Taken out: Approx 2010
                        Approx Balance: £4,148.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP token payment
                        Status: Default 04.01.17
                        Account Owner: Barclays
                        CCA Requested: 02.09.17
                        CCA Docs rec'd: 15.09.17, Reconstituted

                        11.10.17 - CCA Agreement emailed to Niddy
                        Unenforceable
                        06.01.19 - new docs supplied by PRA, emailed to Niddy


                        Lender Creation (Asda)
                        Account Type: Credit Card
                        Taken out: approx 2014
                        Approx Balance: £1,670.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP £5
                        Status: Not defaulted
                        Account Owner: Lowells
                        CCA Requested: Not requested
                        CCA Docs rec'd: N/A

                        06.01.19 - Debt written off by DCA

                        Lender Creation (Asda)
                        Account Type: Credit Card
                        Taken out: approx 2014
                        Approx Balance: £2,798.00
                        Date last paid (full payment): Sep-16
                        Date last paid (£1 token payment): Sep-17
                        Arrangement: DMP £5
                        Status: Not defaulted
                        Account Owner: Lowells
                        CCA Requested: Not requested
                        CCA Docs rec'd: N/A


                        Hello

                        I'll take a quick peek at your thread tomorrow.

                        Are any of the creditors/debt purchasers threatening you with legal proceedings?

                        Di

                        Comment


                        • #13
                          That would be great, thank you, much appreciated. No threats or anything. I’ve not paid a penny since Sept 11 and they hadn’t been in touch until last month. They have put the account on hold whilst I take a look at the documents they’ve provided.

                          Comment


                          • #14
                            That was meant to say Sept 17!

                            Comment


                            • #15
                              Originally posted by Emm1e View Post
                              I’m still lurking in the background. A year after requesting the CCA, The PRA group have sent us a document in relation to one of our credit cards. Is anyone able to take a look at it and advise if it is compliant please?

                              Hello

                              I've taken a look back through your Diary and can see that you've not updated your thread since October 2017 which makes it difficult for members to offer help and support in an information vacuum.

                              It helps if you re-quote the individual debt post and then add any development each time it happens.

                              "Unenforceability" isn't only about the credit agreement which can sometimes be remedied, it's about the bigger picture such as assignment issues and so on.

                              It looks like seven out of nine debts remain with the original creditor - is that correct? *

                              Di

                              * I can now see that you updated your post yesterday to show that at least two of your debts have been assigned to PRA at some point.
                              Last edited by Joanna Connolly Solicitors; 7 January 2019, 22:29.

                              Comment

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