Been Paying Payplan for +6yrs - Can i still get CCJs - all defaults gone - CRF is clean

[dx100uk]

https://www.paypal.com/donate/?token=4C58KifK1DEkrUgNOKlspn-RljWauSFEZoJQsb_Kg4holzbNOw5mAsNl25OXPaXEd7oueG&country.x=GB&locale.x=GB

[yodabug]

Worked on debit card.

 

Seems to be the PayPal not working on donation.

 

Thanks

[BankFodder]

I'm not sure why the PayPal donation button isn't working for you. I've just tried making a donation to ourselves – and it works.

 

Hmm, I wonder what I can buy with the money?

[BankFodder]

Actually, I've just checked our account and we did receive something from you – so thank you very much indeed.

[yodabug]

Morning Peeps.

 

Yesterday I sent 1st class proof of delivery.

 

CCA's to :-

 

Paragon Personal Finance

Moorcroft

Link Financial

Cabot Financial

 

I have read on a few threads ( only just this morning ) that Moorcroft are just acting agents ( original debt MBNA ) having been passed around a few DCA's ??

 

Was I right to send the CCA letter to them ?

 

Thanks again

[yodabug]

I also have a very old debt with Capital One. ( credit card )

 

It is STILL with capital one ( NO DCA in sight ever o nthis debt ) and am paying nominal £1 through DMP.

 

The debt is probably again well before 2007. Defaulted 2008. and not on CRF.

 

Is it worth CCA'ing these people ?

 

Thanks

[Old Cogger]

CCA1974 capital one

[Old Cogger]

moorcroft = no send to the owners of the alledged debt, DCAs are on collectors (if they are lucky on commissions) could send copy of CCA request stating that to DCAs fo which you sent CCA1974 request to actual owners?

[yodabug]

moorcroft = no send to the owners of the alledged debt, DCAs are on collectors (if they are lucky on commissions) could send copy of CCA request stating that to DCAs fo which you sent CCA1974 request to actual owners?

 

Thanks OC

 

 

Thing is the original debt says HBOS - plus what I think is - is a credit card number - no address ( info found from Payplan account - from historical info ) no address or anything.

 

The other one is MBNA credit - no address again - looks like an old credit card.

 

Thanks again

[yodabug]

in my original CCA letters ( copied from the library ) - i understood this clause

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I thought this meant they were under obligation to contact the OC ?

 

Thanks

[Old Cogger]

yes but save as time send to the owners with the fee, copy to DCA for info purposes only Recorded Delivery. they then have 12+2 days on receipt (owners)

[yodabug]

ok that makes sense OC thanks.

 

but on historical info on payplan it just states ' HBOS plc ' with card number starting 4779 - how do i get correct address ?

 

and also ' MBNA international ' credit card starting 5186 - how do i get correct address ?

 

thanks

[yodabug]

i found this address on another thread for MBNA credit cards - can anyone please confirm if i should send CCA to his addressfor the moorcroft ?

 

Credit Card(s) issued by MBNA Limited. Registered Office: Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England and Wales under company number 02783251.

 

Thanks

[yodabug]

with regards to the moorcroft / HBOS credit card -

 

HBOS folded in 2009.

 

Does anyone know where to send the CCA letter too ?

 

Thanks

[Old Cogger]

Lloyds Bank of 25 Gresham Street, London, EC2V 7HN

 

 

Lloyds own HBOS

[yodabug]

Thanks OC

[yodabug]

Morning Peeps.

 

Quick refresh.

 

I have CCa'd all my credit cards debts.

 

HAVE NOT notified Lloyds ( Akinika ) about overdrawn current account yet.

 

Clean CRF file

All debts over 10 years old.

All accounts openened at a previous address long time ago.

 

What is the best way to stop these fleecers going for a back door CCJ ?

 

Is the CCA request enough on credit card debts ?

 

Should I SAR the LLoyds ( havent done so already )

 

Thanks again x

[BankFodder]

A backdoor CCJ is one of which is obtained when the papers are sent to an old address – normally speaking because the defendant hasn't notified anyone of the change of address.

 

If this is what you are trying to avoid then make sure that everybody is up to date on your new address

[unclebulgaria67]

If the defaults are from 10 years ago, I cannot see any debt owner going for a CCJ, as they would waste their money.

 

If your credit record is clean and has your current address, then I would say that you needed to do nothing. Any debt owner will check your CRF and write to the current address. If they ever say they will issue a court claim, then you tell them it is statute barred.

[yodabug]

Thanks Peeps. Crikey you guys up early on a Sunday. So helpful !

 

Maybe thinking down the line too much.

 

Thing is Im still paying the fleecers through Payplan at the moment. ( I will stop this once my 12 + 2 ) is up on CCA's requests etc. So all debts wont be statute barred.

 

So to clarify do I need to send change of address letters or just leave it with the SAR and CCa letters ?

 

Thanks again

[unclebulgaria67]

Thanks Peeps. Crikey you guys up early on a Sunday. So helpful !

 

Maybe thinking down the line too much.

 

Thing is Im still paying the fleecers through Payplan at the moment. ( I will stop this once my 12 + 2 ) is up on CCA's requests etc. So all debts wont be statute barred.

 

So to clarify do I need to send change of address letters or just leave it with the SAR and CCa letters ?

 

Thanks again

 

Stop ! Thats a bit different then.

 

If you are still paying these debts, then as you say they won't become statute barred until 6 years have passed without payment or acknowledgement.

 

The 12 + 2 days is a bit outdated. Yes creditors have this time period for the request, but at any time they can just supply CCA info they say complies with the request. It can be arguable about constitutes compliance with a CCA request.

 

If the original debt was taken out before April 2007, then the debt owner needs the original or copy of the original CCA, if you defended any court claim. For a debt orginated from 6th April 2007, then the original or copy of original CCA is not required by a creditor taking a debt to court.

 

It would help if you listed the debts. Original creditor, debt type, approx time taken our, date of last payment.

[yodabug]

Thanks UncleBulgaria

 

Details as follows : -

 

All debts defaulted years ago and have since dropped off CRF

 

Lloyds overdraft ( Akinika ) - over 10 years old taken out well before 2007- last payment between £2.00 - £4.00 on 20th April 2018

 

Egg CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Capital One CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Link Egg / loan - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Moorcroft / HBOS CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Moorcroft / MBNA CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Idem / Lloyds Bank CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

Lloyds CC - 10 years old - taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

HBOS CC - 10 years old - last payment taken out well before 2007 - last payment between £2.00 - £4.00 on 20th April 2018

 

All paid through Payplan DMP.

 

All CCA'd last week. Apart from the bank overdraft account which I have done Nothing with as yet.

 

Totally clean CRF.

 

Thanks again Peeps

Edited January 18, 2019 by dx100uk
spacing

[unclebulgaria67]

Wait for CCA returns. SAR the Bank re overdrawn account, asking them for all statements to see what charges added.

[yodabug]

Thanks UB

[BankFodder]

Yes, as pointed out above, the limitation period does not begin to run until there has been a failure of a payment and payments have not been resumed for six years.

 

On the basis the list you have posted above, you have been making payments all the time and so none of those debts are statute barred.

 

It is up to you to obtain CCAs and if there are any debts in respect of which they are not forthcoming, then you can probably cease payments. However as UB has pointed out, they have 14 days to supply the CCA after which you can stop payments if later on they managed to find one then you will have to resume payments.

 

You should certainly let everyone know your new address and make sure it is kept up-to-date. I think the new address needs to be pointed out to them specifically rather than simply rely on some incidental disclosure such as part of a CCA request.

 

You need to understand that although they may be unable to supply a CCA, that simply means that the debt becomes legally unenforceable. They can still hound you for it. It could well be the on the failure of a CCA request that they might start making full and final settlement offers in the hope of getting something out of you. You should let us know if this happens