CAA request updates / results part 2

evilcartman

never-in-doubt wrote: »

Hiya

Have you kept the receipt from the PO? If so send a copy of that with the original request and a copy of their letter and remind them that the 12 (+2) days is continuing from the first letter and they will be in default unless they get a move on.

You should not send another PO - you have proof of the original one right?

Yes, I do have the receipt and the S77/78 request was sent by special delivery on 11 December, so they are already in default as far as I'm concerned.

never-in-doubt

evilcartman wrote: »

Yes, I do have the receipt and the S77/78 request was sent by special delivery on 11 December, so they are already in default as far as I'm concerned.

That is correct so you photocopy your receipt and get back to them and tell them you're not going to communicate again until such time they comply with your request.... they are in breach/default so let them dig a deeper hole. Amateurs.

evilcartman

never-in-doubt wrote: »

That is correct so you photocopy your receipt and get back to them and tell them you're not going to communicate again until such time they comply with your request.... they are in breach/default so let them dig a deeper hole. Amateurs.

I spoke to someone on the phone earlier about this, now he's got back to me to say they are sending out a CCA. I've pointed out that they are already in default but let's see what arrives...

chinawhite_2

Hi

I have just received a reply from MBNA in response to a 12 + 2 letter saying they apologise for the delay but the account was acquired from another lender sometime ago and they have to contact them for paperwork ( i cant remember who this was) - but then they say that according to the McGuffick vs RBS case they still have a right to demand payment and I should keep paying.

Is this correct and what do I do now ???? - any help appreciated as not sure what to do

many thanks

never-in-doubt

The McGuffick case means nothing, it was unique circumstances for a unique situation. They can still record a default, that is the only basis on their argument. They cannot harass you, but they can ask for payment.

Its up to you if you pay or not, you should carry on whatever you were doing, if they have not complied to your lawful s.78 request they cannot legally take action against you, such as CCJ etc.

Wicca303

Ok. Read through this thread with interest. I'm going to outline my circumstances then ask my questions. Hope that's ok?!

I currently have 7 debts totalling around £30k (1 loan £15550, 1 overdraft £950, 5 cc's various), They were all taken out prior to 2007, I have already defaulted on all of these, original minimum payments stopped around 2005. I have been giving them all token payments ranging from £1 - £10 since the original defaults up to and including this month, all accounts have been frozen so no charges can be applied and no interest is being charged. Never had any paperwork for defaults, just dealt with everything by phone (which I now know is BAD!!). I don't want to shirk these debts and I don't expect them to disappear, I know I spent the money and it is ME who got me in this situation (although lenders must take some blame for constantly upping my credit limit when I couldn't afford it.

My questions:
If I request CCA's from all creditors will it make my credit file any worse? If I request CCA's and stop paying token payments, can they start charging me interest again?
If the debts are unenforceable will that mean I am in a better position to offer F&F once I am working? At which time (F&F) I can request my file is cleared as per the letter by NID?
I've read defaults take 6 years to clear, is that 6 years from the original default? So they'll be nearly off my file? Or does paying token payments mean it's 6 years from stopping those? Or will it mean the defaults will disappear but I'll still be showing as owing money to 7 creditors?
If the debts are unenforceable does that mean I can get away with not giving them anything at the moment? (So when I start working I can up save quickly to offer F&F's?

Slight OT. Should I cough up the £2 per company and get copies of my credit files from the 3 credit check companies? Do I need to get them before I start doing any of the above?

Ok. Done for now, but I'm sure your answers will give me new questions.

*Must go to bed have to be up early.

never-in-doubt

Wicca303 wrote: »

Ok. Read through this thread with interest. I'm going to outline my circumstances then ask my questions. Hope that's ok?!

This thread is a little more upto date with answers etc: Unenforceability & Template Letters II

Wicca303 wrote: »

I currently have 7 debts totalling around £30k (1 loan £15550, 1 overdraft £950, 5 cc's various), They were all taken out prior to 2007, I have already defaulted on all of these, original minimum payments stopped around 2005. I have been giving them all token payments ranging from £1 - £10 since the original defaults up to and including this month, all accounts have been frozen so no charges can be applied and no interest is being charged.

Had you stopped paying in 2005 and left it alone at that, next year they'd be gone (Statute Barred) - as you've been paying, you will have 6 years from the last payment date or 6 years from the default date - whichever occurs first, before the default and all trace of the account drops off your credit file.

Wicca303 wrote: »

Never had any paperwork for defaults, just dealt with everything by phone (which I now know is BAD!!). I don't want to shirk these debts and I don't expect them to disappear, I know I spent the money and it is ME who got me in this situation (although lenders must take some blame for constantly upping my credit limit when I couldn't afford it.

Don't take half the blame then blame the lender for the increments lol, if you want to sound good or make yourself feel better then go ahead and pay the debt! If you want help shirking the debt then just say so and i'll tell you how!

Wicca303 wrote: »

My questions:

- If I request CCA's from all creditors will it make my credit file any worse?
You already have a default right? Nothing else can happen. But you should stop paying really, or you'll be paying this for the next 100 years! Requesting a CCA will do nothing to your credit file, which will be dead until 6 years after the default date.

- If I request CCA's and stop paying token payments, can they start charging me interest again?
Sure but what do you care, if it is unenforceable then they can charge whatever they want cos you won't be paying will you?

- If the debts are unenforceable will that mean I am in a better position to offer F&F once I am working? At which time (F&F) I can request my file is cleared as per the letter by NID?
Forget F&F; it doesn't clear your credit file - the default will stay for 6 years. They will not remove the default as per the McGuffick case; they can add one.

- I've read defaults take 6 years to clear, is that 6 years from the original default? So they'll be nearly off my file? Or does paying token payments mean it's 6 years from stopping those? Or will it mean the defaults will disappear but I'll still be showing as owing money to 7 creditors?
There is Statute Barred or Default removal date. The default (all entry of the account) is erased from your credit file after 6 years from date of default. If Statute Barred they can never ask for payment again. However, like you point out - your defaults will drop off next year and the account will vanish from the CRA - however the DCA/Lender can if they want add a CCJ at a later date if you stop paying. So you could end up with adverse for 12+ years, thus paying all this time was a waste of time really. :rolleyes:

- If the debts are unenforceable does that mean I can get away with not giving them anything at the moment? (So when I start working I can up save quickly to offer F&F's?
Why do this? If it is unenforceable then you cease paying! Simples. F&F mean nothing, the original entry will remain on your CRA.

- Slight OT. Should I cough up the £2 per company and get copies of my credit files from the 3 credit check companies? Do I need to get them before I start doing any of the above?
Yes, you do! All 3.

Wicca303

Thanks N-I-D.

Will get my Credit things ASAP. Then sort out sending CCA's.

Just to check.
Even though I've been paying token payments for 4 years all trace of these debts will disappear from my credit file next year? (After 6 years from the date of original default)? Unless the DCA's try to get CCJ's? Which if debt is unenforceable they won't be able to get, necessarily?
I think I have this right.
Thanks again.

never-in-doubt

Wicca303 wrote: »

Even though I've been paying token payments for 4 years all trace of these debts will disappear from my credit file next year? (After 6 years from the date of original default)? Unless the DCA's try to get CCJ's? Which if debt is unenforceable they won't be able to get, necessarily?
I think I have this right.
Thanks again.

You got it mate - spot on. :T

Wicca303

Thanks N-I-D, you are an absolute star.

Sorry another question:

If I stop making minimum payments can a DCA mark a default against me, even if the OC already marked a default against me for the same debt?

I'm just trying to work out my best course of action for these debts, considering my situation, income, etc.