Newbie Diary

[Summer12]

Hi

Hopefully this is in the right place! I'm afraid I have clogged Niddys inbox with several replies from CCAs. I'm looking at starting a dmp next month (self managed to hopefully give flexibility). But as my main worry was losing our house (house in joint names all debts sole names except several with same creditor) I wanted to see which were the ones I needed to concentrate on and those that were somewhat less of a worry. Will start posting the details here....

[Summer12]

Type of account: M&S reserve Account
Date Commenced: 1998/9
Approx Balance: 4700
Date Last paid: Feb 18
DMP hopefully to start April/May - depends if salarys go into new accounts ok!
Status: March 18 payment missed
Account still with creditor

- CCA reply sent to Niddy for checking
24/3/18 - Deemed Unenforceable

[Summer12]

Type of Account : M&S Credit card (was originally a charge card)
Date Commenced: 1998
Approx Balance: 15000
Date Last Paid: Feb 18
As above
Status: March 18 payment will be missed next week
Account still with creditor

- CCa reply sent to Niddy for checking
24/3/18 deemed unenforceable

[Summer12]

Type of Account: Next
Date Commenced: 2001
Approx Balance; 2700
Date Last Paid: Feb 18
As above
Status: March 18 payment missed
Account still with creditor

- CCa reply sent to Niddy and deemed unenforceable
-06/04/18 - letter received stating the same as in the first letter and also listing the actions they can take, demand, default, pass to DCA but confirming none of these are enforcement action. Assume they know its UE then just dont want to state it?They have also sent another copy of the 'True copy' but with my current address on (not the correct address at the time of taking out the agreement)

[Summer12]

Type of account: Barclaycard credit card
Date commenced: guessing 1999
Approx balance: 15000
Date last paid: Feb 18
As above
Status: March 18 payment will be missed
Account still with creditor

- CCA reply sent to Niddy for checking
24/3/18 deemed unenforceable

[Summer12]

Type of Account: MBNA Credit card - in OH name
Date Commenced: 1999
Approx Balance: 25000
Date last paid: Feb 18
As above
Status: March 18 payment missed
Account with creditor

- CCA reply sent to Niddy for checking

[Summer12]

We also have a loan each (separate names) and an overdraft each (separate accounts) with the bank which obviously I have just moved our bank accounts from. The loans are very recent and this is really the part I'm most worried about, that they will try and lump it all together and then go for a sale on our house. Or 2 separate court actions, one for each of us with the same desired outcome of a sale of the property.

[Roger]

We also have a loan each (separate names) and an overdraft each (separate accounts) with the bank which obviously I have just moved our bank accounts from. The loans are very recent and this is really the part I'm most worried about, that they will try and lump it all together and then go for a sale on our house. Or 2 separate court actions, one for each of us with the same desired outcome of a sale of the property.

There is no doubt a story BEHIND these Loans and this might or might not be important.

Set up Diaries for the 2 LOANS (with perhaps some background) and 2 OverDrafts.

For the two loans send S.77/78 CCA request ENCLOSING £1 https://www.all-about-debt.co.uk/for...%20Request.doc
The two overdrafts there is a special Letter (you DON'T ENCLOSE a £1). https://www.all-about-debt.co.uk/for...20CCA%20v1.doc
There is also a follow up letter (if the respond over the first letter) here https://www.all-about-debt.co.uk/for...20CCA%20v2.doc

[Summer12]

That’s interesting about the overdrafts. Neither of us ever remember applying for them and have certainly not received any annual renewal paperwork.

[Summer12]

Account type: Barclays current account (no overdraft when first opened) - in OH name only
Date commenced- approx 1987/88
Date overdraft appeared- no idea never applied for
Amount - 3000

certainly havent got/received any paperwork for this so will send letter as suggested.

[Summer12]

Account type: Barclays current account (no overdraft when first take out) - my name only
Date commenced: 1990
Date overdraft appeared - don’t remember applying for or any paperwork
Approx amount - 4000

Will send letter as have no paperwork for this at all.

[Summer12]

Both loans were taken out last year to (Ironically) to pay off 3 other cards (thankfully gone and account closed) and for home repairs (old house with plumbing issue!). They were offered from our online current bank accounts on a “pre selected/pre approved” basis, couple of online ticks and loan amount was in your account. We were then sent a copy of the paperwork (which i have). So as I say I don’t there’s much that can be done with these.

[Roger]

For the overdrafts read this section
https://www.all-about-debt.co.uk/for...ca-information
and Niddy's last entry https://www.all-about-debt.co.uk/for...50#post1508050

There can be issues where a Loan is used to pay off other types of Debt (different types such as Debt such as unsecured Credit Cards).
Perhaps others here can provide information on this. Its worth looking through the Diaries in this Case.

You have started well its important to maintain good filing and paperwork (dating and saving envelopes!)
No contact at the phone/email/SMS only in writing Snail Mail.

[Summer12]

Thank you Roger for the links. I note Niddys comment that the CCA for the overdraft should be considered a last line of defence (never take a fight to a lender) so perhaps as it’s such early days it maybe worth my while holding off a bit.....

[Roger]

Thank you Roger for the links. I note Niddys comment that the CCA for the overdraft should be considered a last line of defence (never take a fight to a lender) so perhaps as it’s such early days it maybe worth my while holding off a bit.....

Absolutely have a plan forward thinking and be in control of your debts.
I make notes (for my own benefit) and store them with my paper work. Pluses and Minus's.
DCA will flood you with Calls/Txts pos emails etc..
Post up here (redacting personal details ) what you receive and update each Diary entry.
That way good advice can be given!

We have all been where you are!
Don't ever forget "There can be many many reasons for a debt being UE "

Good Luck