DMP with Stepchange since 2015

[holmer444]

Hi All,

 

After having received some excellent help with a Parking charge Notice, I started to explore the site and realise I've been had like a kipper with my debts.

 

Long story short, my wife and I built up significant debts and in 2015 payments became unsustainable at which point after being declined for a consolidating loan with our bank (NatWest), they informally suggested contacting StepChange. We did this and have been on a DMP since October 2015 which we have paid every month since.*

 

*We've not made 2 payments in that time, both were agreed with StepChange and were so we could use the money to cover short term issues (car repairs)

 

I want to get these sorted/cleared as we'd like to move next year (or when the defaults have expired) and details of our debts are attached.

 

Defaults started in December 2015 and should be due to start falling off from the end of the year (which is why I'm trying to get on the front foot so we're in as good a position as we can be for when they do eventually disappear).

 

I haven't made any inroads into CCA's yet because I've sent SAR's to all the original lenders first, there's two reasons for this, first I want to pursue charges (as I suspect I may be able to get some of the outstanding amounts written down to the point of being gone) and second because I'm concerned about some of the default dates being incorrect.

 

For instance, the loan originally from NatWest was managed via the DMP at the same time as all the other debts (including credit cards from Natwest), the CC's have a default date of Dec 2015,  but the loan is May 2016 (I don't have the default letter, hence the SAR request).

 

Not sure if this is relevant, but there are two debts that have been cleared - a student loan with Erudio and another NatWest overdraft that was being managed by PRA. Also, the Barclaycard debt has never been defaulted (not sure why?!)

 

Any and all advice will be gratefully received!

 

PRA Group 31/05/2016 16/11/2012 Natwest loan £5,800.27
Wescot - Cabot 22/12/2015 17/08/2011 Natwest CC £1,922.63
Link Financial n/a 23/05/2013 Barclaycard £1,872.30
Wescot - Cabot 22/12/2015 12/03/2010 Natwest CC £1,487.52
Cabot Financial 22/12/2015 22/06/1998 Natwest CC £1,122.27
PRA Group 30/06/2016 17/01/2012 MBNA £1,004.50
PRA Group 31/07/2016 17/07/2006 Natwest OD £23.16

 

[dx100uk]

god you paid erudio...you mug! had blind over a student loan you most probably never owed...

 

send everyone a CCA request (not to wescot but to the debt owner) 

 

can we have take out dates please 

 

pers i'd cancel the step change DMP now.

[holmer444]

Thanks for the reply dx, I know I've been a total mug, but the plan is to try and put that right .

 

I think the take out dates should be there, for clarity, the headers for the table in my first post are:

 

Current debt owner; default date; start date; original debtors; remaining balance.

 

I've asked for copies of the original agreements in my SAR requests, but will send formal CCA letters.

 

Just to be clear I CCA the original debtors not the current owners?

Edited June 22, 2021 by holmer444

[dx100uk]

SAR 's dont have to include CCA's

but those you have sent to the original creditors i will hope....?

 

what they hold is immaterial and you keep to yourself.

 

the CCA request (s) should go to the DEBT OWNER NOW...i'e the DCA's, but not wescot (use their clients name) as wetcloth do not buy debts only chase for clients.

 

if the debt owner does not hold enforceable paperwork i'e the SIGNED agreement, then you owe nothing till they comply.

 

i will guess by the forum you've used and the title of your thread you've been reading a few threads in this debt self help forum...get reading a few more and the jigsaw pieces and questions will soon be answered.

 

dx

 

[holmer444]

SAR's have all gone to the original creditors, I will draft CCA's and get them sent to the current debt owners.

 

I have been reading a bit, absolutely appreciate any and all guidance, but know you're busy people and don't have the time to do this for me so have tried to do as much as I can myself, now at a point where I'm fairly sure of the journey, just need a little guidance. 

 

Will keep you posted on what happens next...

[holmer444]

Started to receive some SAR's back , although NatWest are proving particularly problematic, I've made two requests, one for joint products taken out by my wife and I, one for products solely in my name.

 

The response for the joint SAR has come back and only contains information relating to our mortgage and contains no details of a joint loan or joint bank account despite account numbers for both products being listed within their SAR correspondence (they literally appear on one page that details other account numbers, but there's no other information on any of them).

 

I've heard nothing on the single application and it has now been greater than 30 calendar days, should I be reporting this to ICO?

 

On another note,

I'd appreciate some help with a default issue I'm a little frustrated I've not been able to figure out for myself.

 

As per my original post I had a credit card with MBNA and the debt has been subsequently sold onto PRA. In my SAR response from MBNA, they never defaulted me on this debt before it was sold on to PRA,

 

upon receipt of the debt PRA have automatically defaulted me, can they do this?

I've never taken out a credit agreement with PRA so are they able to issue a default against me?

If not, how do I get this removed?

Is it a case of just contacting the credit reference agencies?

[dx100uk]

it can't hurt to ring natwest and ask where the missing data is, there's usually a phone number quoted on the SAR reply cover letter.

 

as for MBNA, they would have defaulted you on or before sale to PRA. They must do this as part of sale process, else the debt buyer has no legal legs under section 87 of the CCA. you are correct that a debt buyer cannot issue a default notice.

[holmer444]

Thanks dx. Weird thing is, I don't ever recall receiving a default notice from MBNA, there's no default notice in the SAR correspondence from MBNA and there's no default registered by them on my credit file (only one from PRA). Whereas with some of the others, e.g. NatWest, there's a default registered at the date they sold the debt on (from NatWest) and then also one from Cabot Financial (who they sold the debt onto).  

 

My wife has a similar situation with a Barclaycard, according to her credit file they've never defaulted her, there's no default notice in the SAR correspondence, but this one is slightly different in so far as Link Financial (who the debt has been sold onto) have never defaulted her either (credit file shows a 'debt' that's being serviced).

 

My frustration is that I specifically requested default notices in my SAR requests as I was confused by the dates of some of them on my credit file and wanted to x-ref...

 

Hang on, scratch that, I was only checking my Experian report, having also checked my Equifax report MBNA have defaulted me, no default on either report for my wife though?!

[dx100uk]

its not weird, it's just you've to date either not been reading up as self help as you should or are getting confused.

 

when a debt is sold it must have been defaulted - else the debt buyer is up the creek latterly ever trying to enforce it.

you can have 2 entries for the same debt, but that doesn't mean its hurting you score twice.

 

ideally what should happen is the entry concerning the original creditor simply gets re-named to the debt buyer, they 'inherit' whatever the OC has done, but it shows now under their buyers name. 

 

CRA providers want to make themselves oh so important to you, so will often leave the old entry and create a new one...wow you've got problems..go fund our mates at the various debt orgs and get scammed into paying money blindly to them....

 

as long as the registered defaulted date in the debt summary is not changed by the debt buyer then thats all you have to check, you ignore the monthly calendar section, that immaterial and only you and the debt owner can see it, it plays no part upon your score, or shouldn't.