DMP Mutual Support Thread - Part 12

floridajen

I requested CCA's

sourcrates

floridajen wrote: »

I requested CCA's

Not complied as yet then.

Keep at them.

sillybilly1983

Hi

I'm currently weighing up options of potentially entering a DMP (I have a thread in the main post)

One question I can't seem to find an answer to is that I have my mortgage and a credit card debt with Halifax. If I enter a DMP can they recall my mortgage or anything if I include the CC debt in the DMP?

Thanks

January2015

sillybilly1983 wrote: »

Hi

I'm currently weighing up options of potentially entering a DMP (I have a thread in the main post)

One question I can't seem to find an answer to is that I have my mortgage and a credit card debt with Halifax. If I enter a DMP can they recall my mortgage or anything if I include the CC debt in the DMP?

Thanks

Not Halifax - but here's my experience of having credit card debt with the same lender as my mortgage.

I have two credit card debts with RBS and my mortgage is with RBS (a one account mortgage). My credit card debts are in my DMP and my mortgage is completely unaffected. I just carried on paying the mortgage as usual with no problems.

floridajen

sourcrates wrote: »

Not complied as yet then.

Keep at them.

Sorry does this mean that I don't have to contact them within 10 days. Do you think this is still unenforceable? Apologies for not understanding

mikebec2010

floridajen wrote: »

Had a further letter today from PRA. This one says " we enclose documents as requested. Please contact our office within 10 days to discuss the account further and to help come to a mutually acceptable agreement in order to settle the outstanding amount"

The only enclosure was a copy of a statement of the account. No signature or date etc.


I am sorry to ask but if anyone can advise me what I should do I would be very grateful.

I've had exactly the same letter from PRA yesterday with a printout from Barclaycard of the transactions from June 2015.

The previous day they sent a reconstituted credit agreement and said the debt was unenforceable as they were still waiting for further documents(presumably the printout of the statement of account). The joke is the "credit agreement" was some strange looking printout dated 2012 (account opened with Egg 2008) with an address that I hadn't lived in since 2006!

So I intend to treat the debt as unenforceable even if they now claim its enforceable

sourcrates

floridajen wrote: »

Sorry does this mean that I don't have to contact them within 10 days. Do you think this is still unenforceable? Apologies for not understanding

You made a CCA request and they have not yet complied with that request, so your account is (temporarily) unenforceable until they do respond correctly to you.

There 10 day timescale is utterly meaningless, and is of no concern to you at all.

They will have to go back to the original creditor for the paperwork, this takes time, they may, or may not be able to provide it.


Its all covered here :


Sec 77, Duty to give information to debtor under fixed-sum credit agreement.

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor.


And the penalty for non compliance :


4) If the creditor under an agreement fails to comply with subsection (1)

(a) he is not entitled, while the default continues, to enforce the agreement.

Billy12345

fatbelly wrote: »

Hi

If you search the DRO board you will find that this is something Stepchange often get their knickers in a twist about.

We have pointed out repeatedly that the guidelines refer to established beneficial interest.

Looks like I last wrote about this in March, in this post, and your situation is the same.

https://forums.moneysavingexpert.com/discussion/5809534/dro-living-with-my-partner-who-is-a-homeowner

Fatbelly this is great, thanks very much for this. I'll await to hear from SC and hopefully it'll go through fine. :beer:

[Deleted User]

Billy12345 wrote: »

Fatbelly this is great, thanks very much for this. I'll await to hear from SC and hopefully it'll go through fine. :beer:

I'm glad sourcrates and Fatbelly were able to sort out your queries, Billy:T:j

Sorry you had to wait so long and didn't get an answer from the rest of us:o but a DRO is not something most of us have any experience of. Don't let that put you off asking other questions on here though. Someone can usually help with DMP-related stuff:j.



Good Luck:beer:

Littlebigmoose

Hi just wondering if anyone can help. I sent letters for CCA requests at the beginning of April. Most creditors have responded with the documents. One payday loan replied via email and attached a reconstituted copy as a pdf. My question is does a CCA request have to be in the exact name & address it was originally taken? I only ask as the reconstituted agreement is in my new name and new address. Does this matter? Also 2 other payday loans have not bothered to respond, I have copies of the letters I sent but no proof of postage, do I send new CCA requests just in case they may claim they never received the first ones?(they haven't bothered me since though) Lastly since I sent a CCA request to Littlewoods they only responded to say they have now sold my account to Lowell & I have now noticed the entire account has disappeared from all 3 credit reference agencies, it was never defaulted but always had AR markings every month for many years. Is it normal that the record has vanished?
Sorry for all the questions. I would be grateful for any reply.