co-op /link cca and advice please.
nissan_st
Posts: 55 Forumite
Hi
could any give me some advice please.
my wife got into bother during her divorce and got behind. we done everything properly and everything got settled in full and a few with a final settlement.
everyone played ball except the co-op. they refused payments on affordability grounds.
they ended up defaulting the account (c card £8000 ).
Although on two occasions they sent default letters and promptly send retractions after, stating it was mistake and not defaulted.
Anyway link now own the debt and we pay them.
however during the last few years the co-op sent her a cheque for wrongly charged or invoiced interest on her credit card, the cca agreement. we lost the letter.
I had applied to link for the cca agreement and they did send one . It wasn't much a signature on an old half of form.
The question is I thought the account was after 2007, it wasn't it was 2005 when it was opened.
should I re apply for it (its be thrown ) and could someone on one of the forums check its legality?
Or should we just keep paying it. please remember they wouldn't accept payment even when they were told family were paying it .
that effected everything and in the end her ability to settle that account.
could any give me some advice please.
my wife got into bother during her divorce and got behind. we done everything properly and everything got settled in full and a few with a final settlement.
everyone played ball except the co-op. they refused payments on affordability grounds.
they ended up defaulting the account (c card £8000 ).
Although on two occasions they sent default letters and promptly send retractions after, stating it was mistake and not defaulted.
Anyway link now own the debt and we pay them.
however during the last few years the co-op sent her a cheque for wrongly charged or invoiced interest on her credit card, the cca agreement. we lost the letter.
I had applied to link for the cca agreement and they did send one . It wasn't much a signature on an old half of form.
The question is I thought the account was after 2007, it wasn't it was 2005 when it was opened.
should I re apply for it (its be thrown ) and could someone on one of the forums check its legality?
Or should we just keep paying it. please remember they wouldn't accept payment even when they were told family were paying it .
that effected everything and in the end her ability to settle that account.
if you do it its done
0
Comments
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I can't really help here - but you might want to head over the another forum called 'All About Debts' - not that MSE isn't great with debt advice, but on that other forum you'll find there are threads about CCAs and whether they are 'enforceable' or 'unenforceable' and the advice offered are from legal experts in the field. Worth a shot!0
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Hi nissan st
When you make a CCA request the company in question must provide a true copy of the credit agreement. That means it doesn't have to be the original, it doesn't have to show a signature, but it must show the debtor's personal details and the original terms and conditions.
It's certainly best to get some specialist debt advice on whether the agreement your wife received complies with what is expected on a CCA request. Face to face advice is best so you can take the agreement with you. You may want to try your local Citizens Advice Bureau. Good luck with it all.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
great thanks
we will take it to be checked when it arrivesif you do it its done0 -
The question is I thought the account was after 2007, it wasn't it was 2005 when it was opened.
should I re apply for it (its be thrown ) and could someone on one of the forums check its legality?
.
Basically, and this is by no means exhaustive, but no matter what date the account was opened, if they don't hold the original document, then a re-constituted copy agreement is acceptable, it does not require a signature on it, although the personal details must be accurate, and it must be a legible copy.
For example, if they don't hold sufficient information on you, they cant just make it up.
The main difference between pre- April 2007 agreements and later ones, is that prior to April 2007, a copy of the "prescribed terms" must also be included, within the main document (for credit cards).
The prescribed terms are the terms by which the agreement should be run by the debtor, the time and amount of your monthly payments, the interest rate applicable to the account, the cost of any charges, etc, etc.
If they are missing, the agreement does not comply with legislation, if they are present, it does.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
great
that makes sense
i wondered if the paperwork was perhaps wrong due to the co op sending compensation out of the blue .if you do it its done0 -
great
that makes sense
i wondered if the paperwork was perhaps wrong due to the co op sending compensation out of the blue .
No that has no bearing on enforcability or otherwise.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
so its now may and we haven't had a response back
like i say we did get a response the first time we requested it, but that was a couple of years ago i think.
do i just send the request again ?
it was sent recorded but they haven't responded in any way .
we are paying by derect debit and will continue to do so .
thanksif you do it its done0
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