Getting on top of it all

robinsonad86

feelsfeels said:

robinsonad86 said:

Thanks Rob.

I have one final question (for now anyway) regarding the defaults where I want to request the dates being changed. I have already written to a couple of companies earlier this year and had no replies. Would I be able to send this request via email or should it really be in writing?

Hi Robinson,

Do you have a template for requesting that the defaults be backdated?

Have you heard anything back from any of those companies?

Thanks

Hi I followed the guide on debtcamel however will now be following sourcrates advice above and treating it as a complaint more than a request

fatbelly

This all sounds good.

I thought it worth pointing out that the £1 payment is a requirement of the Consumer Credit Act, so if you are going to rely on that Act to say the account is unenforceable then you must make the payment.

if the creditor returns it that's up to them.

I don't make the PO payable to anyone and don't cross it. That way, if it gets returned you can use it again.

robinsonad86

So I have a couple of updates, so far I have only heard back from 2 of my CCA requests both relate to Newday/Aqua. 

The delinquent account that was an Aqua CC and is now with the parent company Newday, they have supplied the CCA for so will continue to make small payments to this and make a F&F in the future.

Link Financial now “own” my Newday Loan and today have sent me the following letter

”We write further to your request for account documentation under section 77/78 of the Consumer Credit Act 1974. Unfortunately the original creditor has confirmed that they are currently unable to comply with your request within the 12 day initial timeframe.

Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default. 

We will contact you further upon receipt of an update from the original creditor.”

Could anyone advise my next steps on this please? My understanding is I can tell PayPlan to suspend payments towards this account? I also plan on offering Link a small % offer to close the account, I know some people don’t agree with this however I would prefer to try and reach an agreement on this with a guarantee that I wouldn’t be chased for any remaining balance rather than Newday managing to find the CCA. 

Is there a template somewhere that I can use to send to Link? How long do I need to give the other requests to reply is it 40 days from date of sending?

Thanks in advance

sourcrates

Don`t do anything until they write back to you with an outcome.

There are no hard and fast rules here, only guidance.

They will search there records to see if the have the required documentation, or enough of your details to re-constitute a copy agreement, if they have they will send it, if they don`t they should confirm as such.

You can stop payments if you wish, although next week you may get the letter with what you asked for.

I would not be making any sort of offer just yet, wait and see how this pans out, oh, and don`t ever apologise for your actions about how other people may feel, you do what`s best for you, not anyone else.

robinsonad86

So another update for everyone. The lendable account with Intrum is enforceable have received a “true copy” with me name address etc on there.

I have also heard back from PRA who own my Barclaycard debt. This is a bit of a wierd one. They have supplied a pack including a letter from Barclaycard dated 11th August this is addressed to me but has been sent via PRA, the letter states Barclaycard have provided a reconstituted copy of my credit agreement which has my name and address in it however PRA have deemed the account unenforceable. I have quoted the letter below (dated 29th August):

”please find enclosed documentation received to date; we are awaiting further documents in order to complete your request. We have currently deemed this debt as unenforceable” It goes on to state what this means before ending “If we obtain information in the future we will of course provide this to you immediately”

So despite having a CCA they are saying it’s unenforceable I didnt think this was possible? The outstanding balance is £258.51 I am thinking of offering a small amount to close it while they think it is unenforceable as I know PRA are often tricky to negotiate with.

Tuesday will be 40 days since the CCA requests were sent is there some guidance on companies not responding within this time or have I made that up?

As usual any help very much appreciated.

Rob5342

If they don't send the CCA within 12 days then they can't take any court action until they do. After the 12 days there is no time limit, if they are able to produce the CCA then they can take court action. The advice from debt camel is that if it gets to 2 or 3 months then it's unlikely they will be able to produce it so if you can stop paying then if that's what you want to do. Debt camel says 40 days is often mentioned but has no legal standing

I'm no expert but from what I've read elsehwere I believe they have to have a whole set of documentation in order to make it unenforcable, so the cca on it's own wouldn't necessarily be enough.

https://debtcamel.co.uk/ask-cca-agreement-for-debt/

robinsonad86

I have written a letter to PRA group and posted below. Does it all sound ok? £30 may be a bit of ridiculous offer to them but as it stands the debt can't be enforced so I won't be paying towards it and is over 10% of the owed balance.

"I am writing in reply to your letter dated 29th August 2022 in which you state you have “deemed this debt as unenforceable”. I am currently prioritising payments towards priority and enforceable debts and as such my payments to yourselves will be stopping with immediate effect.

I am currently in a DMP with PayPlan where I have recently had to decrease my payments and you have been receiving £1 a week I will be instructing PayPlan to cease payments to yourselves. However, taking in all of the above I can raise £30 and I want to offer this as a full and final settlement of the account. I am making this offer on the clear understanding that if you accept it you nor any other company will take any further action to collect or enforce this debt in any way and I will be released from liability.

If you accept this offer please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed.

I can pay the amount I have offered within 3 days of receiving your written agreement of this offer.

Please provide details of how I can pay.

I look forward to hearing from you.

Yours faithfully"

Thanks in advance for any help

sourcrates

PRA won`t accept peanuts on this account, the reason being they can write it off against tax, and essentially get more for it, there usual modus operandi is to hold out for full payment, discounts are rare with PRA.

As the debt is currently unenforceable, and Barclaycard have provided all they have, so no more will be forthcoming, its unlikely to see the light of day again, why not just walk away and forget about it, concentrate on the debts you have that are enforceable.

Every time you write to them, your re-starting the statute barred clock, and it`s a very small amount of money that is unlikely to be chased that hard, even with a compliant CCA.

Where enforceability is an issue, its knowing which battles to fight, and which to walk away from.

robinsonad86

sourcrates said:

PRA won`t accept peanuts on this account, the reason being they can write it off against tax, and essentially get more for it, there usual modus operandi is to hold out for full payment, discounts are rare with PRA.

As the debt is currently unenforceable, and Barclaycard have provided all they have, so no more will be forthcoming, its unlikely to see the light of day again, why not just walk away and forget about it, concentrate on the debts you have that are enforceable.

Every time you write to them, your re-starting the statute barred clock, and it`s a very small amount of money that is unlikely to be chased that hard, even with a compliant CCA.

Where enforceability is an issue, its knowing which battles to fight, and which to walk away from.

Thanks sourcrates will see what they say and then leave this one well alone, I think I was wanting to see the default showing as settled but maybe thats not as important as I think?

In the future with F&Fs is it ok I do it via email or should it always be done by post?

sourcrates

robinsonad86 said:

sourcrates said:

PRA won`t accept peanuts on this account, the reason being they can write it off against tax, and essentially get more for it, there usual modus operandi is to hold out for full payment, discounts are rare with PRA.

As the debt is currently unenforceable, and Barclaycard have provided all they have, so no more will be forthcoming, its unlikely to see the light of day again, why not just walk away and forget about it, concentrate on the debts you have that are enforceable.

Every time you write to them, your re-starting the statute barred clock, and it`s a very small amount of money that is unlikely to be chased that hard, even with a compliant CCA.

Where enforceability is an issue, its knowing which battles to fight, and which to walk away from.

Thanks sourcrates will see what they say and then leave this one well alone, I think I was wanting to see the default showing as settled but maybe thats not as important as I think?

In the future with F&Fs is it ok I do it via email or should it always be done by post?

You can by all means negotiate by email, post has more clout, but as long as any agreement is signed off in writing it doesn't really matter.