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pre-2007 debts

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lmclean100
lmclean100 Posts: 192 Forumite
in Debt-free wannabe
Hi

I've successfully got one of my debts to be noted as unenforceable.

To give me some breathing space do you think it would be an idea (I'm not saying it's a good idea) to send out the unenforceable letter to my other creditors.

I've done a CCA request and they've sent what they claim to be correct CCA's but I'm not sure. I've read the various threads and am still confused.

I will pay all my debts off, I just need a wee bit of time to get my head clear of all the sand. It's been buried in it for sooooo long, my bum has got sunburnt!!:rotfl:Not a pretty image I can assure you.

Sorry can't scan the CCAs as my scanner is extremely ill and I can't afford to get another one.

Any thoughts, suggestions welcome.

L
Getting there, slowly but I WILL be debt free before I retire :dance:
«134

Comments

  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You could consider popping into a library, they often have scanners available for public use, get the result emailed to yourself so you have a copy.

    Many CCAs sent out are invalid, as they are actually application forms. You can usually tell by the wording or the big word at the top, application form. If it is then you can send of the this isn't a valid cca letter.

    Otherwise you need to check for more details, does it have a signature, APR, amount of credit, terms+conditions as one document etc.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Tixy
    Tixy Posts: 31,455 Forumite
    Whether its a good idea might partially depend on whether you already have defaults registered against the debts and whether you mind if defaults are added to any that don't have them (as I think its pretty much standard that they will put defaults on if you argue for unenforceablility:confused:)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • lmclean100
    lmclean100 Posts: 192 Forumite
    Hi

    Thanks for your prompt replies. I don't have defaults on them yet, but I've got a feeling that they will issue them shortly as I've been making reduced payments. They haven't agreed to the deduced payments mind you.

    I know that my credit file is shot to pieces and as I don't intend to use credit apart from my mortgage ever again - lesson learnt - then I'm not too bothered about defaults.

    If things got really bad I suppose they could get a charging order on the house but as I don't intend to sell for a long time if ever, then don't suppose that will matter either. As long as I keep up with my reduced payments.

    L
    Getting there, slowly but I WILL be debt free before I retire :dance:
  • RAS
    RAS Posts: 35,545 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    if the CCA is duff, they cannot get a charging order if you defend the case. So it is worth knowing the situation
    If you've have not made a mistake, you've made nothing
  • CeeBeeDeeBee
    CeeBeeDeeBee Posts: 276 Forumite
    Hi, sorry to jump on your thread , I too am confused by the whole CCA thing.

    I have recieved back from Collect Direct a copy of my application form for my M&S card after writing asking for my CCA.

    I wrote back with help from Never In Doubt telling them where to go but they have written back saying 'enclosed is a copy of your credit agreement/application form which are one and the same'.

    It does have things like interest, payments, signatures etc and as it was the application form my name and address - are they right? is this a valid CCA?

    Thanks
  • vicky12
    vicky12 Posts: 14 Forumite
    Hi,
    I would really appreciate some help and a few views please,
    I am at a crossroad in trying to decide what to do with my credit mess.
    I have 3 credit cards that are nearlly at their max (about £8000 each). I have applied for my credit agreements and only one of them has been able to provide a valied document.
    I have kept up the payments on all up until now and are at the stage of sending off my second letter stating that the accounts are now in despute and i will be ceasing payments etc.
    There seems to be a lot of confusion on the whole process now after the recent high court ruling that said the debts were not unenforcable simply because the credit agreement was not present.
    Can anybody please advise me if it is still worth going down this route ???
    I don't want to get defaults etc if the debts are going to be persued by charging orders etc.
    Also is it possible to have the defaults removed as the origional template letters suggest you can.
    Any help would be most gratefully recieved especially by never in doubt.
    Thanks Stu.
  • CeeBeeDeeBee
    CeeBeeDeeBee Posts: 276 Forumite
    Hi Stu and welcome :)

    The best person to ask is Never In Doubt, he has a massive thread running on this board just post in there and he will put you straight.
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    CeeBeeDeeBee wrote: »
    It does have things like interest, payments, signatures etc and as it was the application form my name and address - are they right? is this a valid CCA?

    If never in doubt says its not valid it won't be i have great trust in his judgement. As soon as there 14 days are up and they failed to provide a valid CCA just place the account in dispute. Until they can find it, they can't do anything. After 6 years the debt is statute barred as well + falls of the credit report.

    Its not unusual for creditors to send out applications forms, or current terms and conditions if they cannot locate the currently active and signed CCA. And protest that they are right, because if they aren't they won't get any money until you decide to pay them. Its not in there interest that you are right.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • RAS
    RAS Posts: 35,545 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    or stapeley.

    Stu

    The most recent court case made "expletive" all difference to the practical situation regarding CCAs.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,545 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CeeBeeDeeBee wrote: »
    Hi, sorry to jump on your thread , I too am confused by the whole CCA thing.

    I have recieved back from Collect Direct a copy of my application form for my M&S card after writing asking for my CCA.

    I wrote back with help from Never In Doubt telling them where to go but they have written back saying 'enclosed is a copy of your credit agreement/application form which are one and the same'.

    It does have things like interest, payments, signatures etc and as it was the application form my name and address - are they right? is this a valid CCA?

    Thanks


    it would help to se the original document they sent. Did you post it up anywhere?
    If you've have not made a mistake, you've made nothing
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