F19FOX's UE diary

[Never-In-Doubt]

You should wait til Friday then send a Data Access Request (SAR) - see our new guide for info - https://www.all-about-debt.co.uk/for...-sar-gdpr-2018

Then you’ll know one way or another. If you feel it started at Santander send them a request too. But bear in mind they may not have records if it’s been fully assigned.

As there’s no fee for a Data Access Request you’ve nothing to lose chasing the history really.

[Never-In-Doubt]

Play was always MBNA by the way. In case you were looking into that. They started out with MBNA -> https://www.campaignlive.co.uk/artic...rd-mbna/907253

[F19FOX]

Thanks Niddy,

I will send off SARs to both Santander + MBNA (Virgin) on Friday - I assume I send the MBNA one to PRA (as they are now managing the debt) or should I also send one to MBNA?!?

I love the new guide you have written about GDPR - it sounds like the financial establishment could be brought down dealing with all the SAR requests

Thanks for the information regarding Play.com. I hadn't realised that was the case so thanks for clarifying!

[Never-In-Doubt]

No you never SAR the dca. It’s always the OC so send to the bank.

[F19FOX]

Ooops! Thanks for confirming Niddy otherwise I would have written to the DCA

[Never-In-Doubt]

It wouldn’t matter if you did but you’d get very little back. And remember anything in a SAR that resembles a CCA does not pull a creditor out of default. So unless it comes as part of a cca Request then it’s irrelevant - so much as it’s important to you but you don’t need to tell them - definitely not if they’re in default / it’s UE.

[Joanna Connolly Solicitors]

I assume I send the MBNA one to PRA (as they are now managing the debt) or should I also send one to MBNA?

PRA aren't managing the debt, they own it.

One SAR to MBNA will cover all data they hold on you which includes both of the MBNA credit cards.

The data should include the 'Transaction Log' which can be illuminating especially if the information conflicts with any reconstituted documents the current debt owner produces in response to your s 77-79 CCA Request.

I would wait a couple of weeks before sending your SAR because you want to capture any new information such as an approach from PRA seeking your credit agreements and, more importantly, what MBNA did/said in reply.

The SAR is between you and MBNA and depending on the conditions in the Deeds (assignment) PRA may not have access to that information.

Di

[F19FOX]

Hi Di

Thanks for your posting.

I was unsure if PRA managed or owned my debts so thank you for clarifying the position with them.

I was equally unaware that the single SAR to MBNA would cover both of my accounts - it sounds like I had better get a bigger letterbox for all the correspondence MBNA will be sending me

That's great advice and yes I will indeed hang on for a couple more weeks before sending the SAR to MBNA. I will still send off the Santander one tomorrow.

Many thanks again Di

[F19FOX]

F19FOX's account number 1

SMILE (CO-OP BANK)

• Type of account - Current account overdraft
• Date commenced - 12th Jan 2000
• Approx balance - £593
• Date last 'full' payment - 30th Oct 2015
• Arrangement - £1 per month
• Status - defaulted 17th Jan 2017
• Account owner - Link Financial

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.

2017
MAR 7/3 Letter to Smile requesting them to confirm account details to make payments (£1 pm) as last two payments have been rejected by my bank
JUN 5/6 Follow up letter to Smile again requesting bank account details as nil response from 7/3 letter and payments still being rejected by my bank

2018

Hi I'm keen to request the CCA for this account as per Niddy's Unenforceable Overdrafts - CCA Information topic posts. I just have one small question that I'm unsure of and hoping that someone will be able to answer for me please? I'm assuming I send the request to the DCA rather than the OC??

Thanks!

[Joanna Connolly Solicitors]

Hi I'm keen to request the CCA for this account as per Niddy's Unenforceable Overdrafts - CCA Information topic posts. I just have one small question that I'm unsure of and hoping that someone will be able to answer for me please? I'm assuming I send the request to the DCA rather than the OC??

I can see you posted that the last 'full' payment to this current account was in 2015. Was the overdraft facility renewed on an annual basis which it should have been since 2012?

If so then you may find the s 77-79 CCA Request is the appropriate one to send.

CCA Requests are always sent to the current debt owner. In this case that would be Link Financial (according to your Diary post) if the debt was assigned to them. Was it?

Di

[F19FOX]

Thank you Di for your prompt response and advice

Yes I'm pretty sure the OD facility was renewed annually.

Ah OK so I send the 'standard' CCA request that I would if it was for a credit card then? I assume therefore that I also need to send the £1 payment?

Yes the debt is now with Link Financial.

Many thanks Di

[Joanna Connolly Solicitors]

Thank you Di for your prompt response and advice

Yes I'm pretty sure the OD facility was renewed annually.

Ah OK so I send the 'standard' CCA request that I would if it was for a credit card then? I assume therefore that I also need to send the £1 payment?

Yes the debt is now with Link Financial.

In which case send a s 77-79 CCA Request to Link with a £1 postal order for the statutory fee. Send it Royal Mail Recorded Delivery.

You can also send a SAR to the original creditor (Co-op?) but I would leave that for a month so you can see if there is anything in the Transaction Log about Link approaching them for information.

Di

[F19FOX]

Great stuff!

Many thanks Di - I will get the CCA request off to Link this afternoon.

With regards the SAR then yes I will do that too. I have heard nothing from Link to my two earlier CCA requests for my credit card accounts #2 (also Smile) and #3 (Barclaycard) that they also now own. So it will be interesting to see if there is any mention in the SAR response from Smile concerning Link and the original CCA request!

Thanks

[F19FOX]

F19FOX's account number 7


TESCO

• Type of account - Credit card
• Date commenced - 22nd Nov 2011
• Approx balance - £10,641
• Date last 'full' payment - 30th Oct 2015
• Arrangement - £1 per month
• Status - defaulted 9th March 2016
• Account owner - Tesco

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.

2018
APR 17/4 Wrote to Tesco to request copy of CCA.
MAY 14/5 Letter from Tesco with CCA documents.
MAY 20/5 CCA documents sent to Niddy to check for enforceability.
22/5 Niddy says its enforecable No real surprise especially as its my newest debt but I really value his expert opinion. Thanks Niddy

22/5 Continue to pay token payments of £1pm and see if anything else develops
JUN 6/6 text received from tesco requesting me to contact them urgently - guessing its for my annual review!

Hi there,

I've had a request form Tesco to contact them urgently about a financial matter. I am sure it's for my annual review as I had the exact same text message last year on the same date! Previously I would have called them and gone through an income and expenditure exercise, review of my personal circumstances, outstanding creditors etc etc. I don't really want to do this and I dont really want to speak to them. My circumstances have not changed since my last review and it would still show that I cant afford to pay them anything more than the token £1 per month that I am currently paying. So it's a bit of a pointless exercise. This is my only creditor thus far to produce a CCA and Niddy says its enforceable which is why I'm still paying the £1 per month.

Please can someone advise me on the best course of action?

Thank you

[Roger]

Hi there,

I've had a request form Tesco to contact them urgently about a financial matter. I am sure it's for my annual review as I had the exact same text message last year on the same date! Previously I would have called them and gone through an income and expenditure exercise, review of my personal circumstances, outstanding creditors etc etc. I don't really want to do this and I dont really want to speak to them. My circumstances have not changed since my last review and it would still show that I cant afford to pay them anything more than the token £1 per month that I am currently paying. So it's a bit of a pointless exercise. This is my only creditor thus far to produce a CCA and Niddy says its enforceable which is why I'm still paying the £1 per month.

Please can someone advise me on the best course of action?

Thank you

Ignore their request! Only a court can force you to send Income and Expenditure details!
I wouldn't speak to them. In fact silence from now on.
How you proceed is up to you but if it was me I would simply continue to pay the £1 per month, and without giving reasons.