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  • #31
    Yes you need to get a set of folders, one for each account then file stuff in the folders as you get it or, send it etc. For some things you receive you need to keep the envelope and put the date you receive it on the envelope, then clip it to the letter, then file it. That's not necessary for everything but for the time being if it were me I would do it as a routine.

    Sorry can't help with the iPad, but I'm sure someone else will be able to help with that.

    You probably ought to find out who the original lender is for each of the accounts before you go much further. So assuming you've kept no paperwork but you're still in touch with a DMP then they might know who they are so you should ask them. Otherwise the DCA's or new owners ought to know, but it might not be the best thing to do to ask them at this stage because you don't really want to engage them in conversation - and definitely not by telephone. You can probably also find out by doing a £2 credit check query on Experian, Equifax or Call Credit but that's not always a good thing to do either - for example there may be a creditor that doesn't have your current address and you might not want them to know it. So you might need to think carefully before you do that.

    When you send a CCA request it should go to whoever is chasing you for money, then they are responsible for handling it and if necessary they need to forward it to the original creditor. So you might well find out that way because they might write back asking you to contact XYZ direct (they shouldn't do that but they might). Or assuming you get a CCA as a response then the CCA will tell you who the original creditor was. If they don't respond with a CCA then it becomes unenforceable anyway until they do send a (compliant) CCA - in which case you might say it doesn't matter who the original creditor was. Someone else may have other ideas for you if need other possibilities.
    Last edited by MisterK; 21 February 2018, 23:05.

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    • #32
      send CCA request to the owners of the alledged debt you can send a copy to Wescot (they are only agents)
      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


      • #33
        Have recieved some replies from my first lot of CCA's sent, will update my list of creditors with as much info that I can get from them.

        Comment


        • #34
          Originally posted by Shineon View Post
          HSBC

          Husband
          Balance: £100.53
          Start Date:
          Last payment: DMP Feb 2018
          Original Lender: HPC ( LTD) ex HSBC
          DCA: Hoist Financial / Robinson Way

          12/02/2018 CCA Sent
          20/02/18 Letter recieved from Robinson Way - putting a/c on hold whilst asking for copy of agreement/statement
          This is my first reply, it was from Robinson way , saying following my request , they are asking for a copy of agreement/ statement and will put a/c on hold temporily and contact when they receive documentation. Think I just file and wait, is that ok. Thanks

          Comment


          • #35
            Originally posted by Shineon View Post
            LLOYDS TSB


            Mine
            Balance: £247.67
            Start Date: Late 90's (unsure)
            Last payment: DMP Feb 2018
            Original Lender: Lloyds TSB
            DCA: PRA GROUP


            12/02/2018 CCA Sent
            20/02/18 Cheque for £1 returned from PRA GROUP stating unable to fulfill as need further checks to confirm my identity.
            Pra ar group have returned my cheque for £1.00 saying they need me to confirm identity , by full name, previous name, DOB, previous address. When looking on annual statement which comes to home address (moved here 2014) the surname shows maiden name, married in 1992. I think this was obviously taken out at old address, haven't replied yet as didn't know if this was norm.


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            • #36
              Originally posted by Shineon View Post
              BARCLAYCARD


              Mine
              Balance: £350.95
              Start Date: 10/11/97
              Last payment: DMP Feb 2018
              Original Lender: Barclaycard
              DCA: PRA GROUP


              12/02/2018 CCA Sent
              20/02/18 Cheque for £1 returned from PRA GROUP stating unable to fulfill as need to complete further security checks.
              Again PRA group sent cheque back for £1 saying need me to confirm full name, previous name DOB, previous address , not replied yet, do I just send them all my details,
              Thanks.

              Comment


              • #37
                Originally posted by Shineon View Post
                CAPITAL ONE

                Husband
                Balance: £589.93
                Last payment: DMP Feb 2018
                Start Date: 12/10/2002
                Original Lender: Capital One


                12/02/2018 CCA Sent
                23/02/2018 reply from cap one, enclosing reconstituted copy of Origanal agreement, with signed copy and also copy of default notice.
                recieved reply from cap one, with signed agreement, default notice and long letter quoting Waksman QC in Carey v HSBC ETC, seems complex they say it's enforceable and continue to treat it as such, wooow not had letters like this for years, scary.....

                Comment


                • #38
                  Send any agreements that you receive to Niddy at webmaster@all-about-debt.co.uk with a link to this thread, do not hide any information as this is secure. Just because they say that it is enforceable doesn’t mean that it is!
                  If they have been sending correspondence to you at this address for the debts then you have fulfilled your legal request and they will be in default of the requests if they don’t reply. Rob Way are always wainting for paperwork!
                  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


                  • #39
                    Hi, it may seem real silly but when sending to Niddy, do I send just the agreement and default letter or do I send all the terms and conditions as well, just loads of pages, as this is my first Full CCA reply recieved back want to send them over correctly , thankyou.

                    Comment


                    • #40
                      CCA only at this stage
                      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


                      • #41
                        Originally posted by Shineon View Post
                        CAPITAL ONE

                        Husband
                        Balance : £605.45
                        Start Date: 12/01/2004
                        Last payment: DMP Feb 2018
                        Original Lender : Capital One
                        Default Date: 08/05/2009

                        12/02/2018 CCA Sent
                        23/02/2018 Cap one sent copy agreement and default notice and loads of terms and conditions.l
                        24/02/2018 Sent for checking, Niddy says UE ......

                        My my first one checked and a lovely answer from Niddy UE.... AND today I drafted 12 CCA letters with cheques to post recorded in next couple of days, thanks for the help along my journeys x

                        Comment


                        • #42
                          Originally posted by Shineon View Post
                          HSBC CURRENT ACCOUNT
                          CABOT FINANCIAL EUROPE

                          Husband but was joint current account
                          Balance : £943.10
                          Start Date:
                          Last payment: DMP Feb 2018
                          Original Owner : HSBC CURRENT ACCOUNT

                          12/02/18 CCA Sent
                          21/02/2018 CCA chq for £1 cashed on bank statement
                          01/03/2018 no response, gone over 12 + 2 days
                          03/03/2018 letter recieved 03/03/2018 dated 22/02/2018 from Cabot don't have agreement will contact original lender and get back within 40 days - also say temporily unenforceable .
                          As I was in distress with debt I had thrown most paper work in past, this has come back from Cabot and it was fir an overdrawn current account, I have only sent CCA request, will this cause a problem, as info above shows they have cashed my cheque, have noted date when recieved letter from Cabot as their letter is dated 9 days previous, do I just file and wait, ... Thanks

                          Comment


                          • #43

                            Originally posted by Shineon View Post
                            Originally posted by Shineon View Post
                            HSBC CURRENT ACCOUNT
                            CABOT FINANCIAL EUROPE

                            Husband but was joint current account
                            Balance : £943.10
                            Start Date:
                            Last payment: DMP Feb 2018
                            Original Owner : HSBC CURRENT ACCOUNT

                            12/02/18 CCA Sent
                            21/02/2018 CCA chq for £1 cashed on bank statement
                            01/03/2018 no response, gone over 12 + 2 days
                            03/03/2018 letter recieved 03/03/2018 dated 22/02/2018 from Cabot don't have agreement will contact original lender and get back within 40 days - also say temporily unenforceable .

                            As I was in distress with debt I had thrown most paper work in past, this has come back from Cabot and it was fir an overdrawn current account, I have only sent CCA request, will this cause a problem, as info above shows they have cashed my cheque, have noted date when recieved letter from Cabot as their letter is dated 9 days previous, do I just file and wait, ... Thanks
                            There is a specific Overdraft Letter (you don't use the CCA S 78 which I think you have sent? ) and you don't need to send £1. The CCA S 78 letter does expressly say that the £1 isn't to be used for any other purpose so its not an admission of the Debt!

                            See overdrafts - cca information & templates
                            https://www.all-about-debt.co.uk/for...ca-information
                            Niddy's latest 19th February 2018 https://www.all-about-debt.co.uk/for...50#post1508050

                            Letter to be sent for Overdraft!
                            Bank Accounts CCA 1 https://www.all-about-debt.co.uk/for...20CCA%20v1.doc

                            Niddy explains what the follow up to this should be if they query that first letter!
                            Bank Accounts CCA 2 https://www.all-about-debt.co.uk/for...20CCA%20v2.doc

                            Last edited by Roger; 3 March 2018, 14:24.

                            Comment


                            • #44
                              Originally posted by Roger View Post


                              There is a specific Overdraft Letter (you don't use the CCA S 78 which I think you have sent? ) and you don't need to send £1. The CCA S 78 letter does expressly say that the £1 isn't to be used for any other purpose so its not an admission of the Debt!

                              See overdrafts - cca information & templates
                              https://www.all-about-debt.co.uk/for...ca-information
                              Niddy's latest 19th February 2018 https://www.all-about-debt.co.uk/for...50#post1508050

                              Letter to be sent for Overdraft!
                              Bank Accounts CCA 1 https://www.all-about-debt.co.uk/for...20CCA%20v1.doc

                              Niddy explains what the follow up to this should be if they query that first letter!
                              Bank Accounts CCA 2 https://www.all-about-debt.co.uk/for...20CCA%20v2.doc
                              Whoops, I didn't know this was an overdraft until I had sent CCA , then when it came back it showed me who the original debt was with, seems like I messed up, should I send the bank account CCA now or just wait to see they respond, if I do need to send it, would that also go to Cabot or do I send it to HSBC who we had the bank account with, sorry to ask, ooh and they have cashed the £1 cheque, this should be the only bank a/c so the other wad of CCA's sent should be for loans, cr cards and one Vodafone. Sorry to ask again.

                              Comment


                              • #45
                                A perfectly reasonable mistake.
                                Just send the Overdraft CCA (without £1) Recorded Delivery and without explanation to Cabot

                                The CCA S 78 says ",, that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.."

                                They can't actually comply (because its an Overdraft) and owe you the £1

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