CCA Requests not actioned, what now?

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  • Photogaz
    Photogaz Posts: 37 Forumite
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    Thanks so much. So are the precribed items missing too as suggested?

    I know she wants to get the accounts settled as apposed to avoiding paying. Is it best to point out the faults and then make a full and final offer in the letter.

    Really do appreciate your replies to all my posts, I'm so grateful. I just want to do this right.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Photogaz wrote: »
    I know she wants to get the accounts settled as apposed to avoiding paying. Is it best to point out the faults and then make a full and final offer in the letter.

    Hi

    I think that’s a good idea if she’d rather settle.

    There a sample letter here you can base a F&F offer on:
    www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

    James
    @natdebtline
    We 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 Steps
  • Photogaz
    Photogaz Posts: 37 Forumite
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    How does this sound?
    I am writing in reply to the documents sent to me on the 21st July 2016 regarding the money which you are claiming on the above account.
    In accordance with the Consumer Credit Act 1974 (sections 77-79), I’m still awaiting the correct documentation that belong to the account above. The signed agreement provided does not match the Credit Card Account number for the account in question, in addition the full terms and conditions of the agreement are missing. As a result, this does not fulfil the Consumer Credit Act 1974 request received by yourselves on 12 July 2016

    I also can confirm that I am unable to pay the money which I owe in full. However, I can raise £XXX and I want to offer this as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any 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 10 days of receiving your written agreement of this offer.

    Please give me details of how I can pay.

    What sort of percentage should we be thinking?
  • Photogaz
    Photogaz Posts: 37 Forumite
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    Would you say 15% is too low considering the main details are missing?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Photogaz wrote: »
    Would you say 15% is too low considering the main details are missing?

    It's up to you, but why pay an unenforceable credit agreement in the first place ?
    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-letter
  • Photogaz
    Photogaz Posts: 37 Forumite
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    Well, I guess to get the default marked as settle to improve the credit report?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Photogaz wrote: »
    Well, I guess to get the default marked as settle to improve the credit report?

    Paying it won't remove the default, only time will do that, a settled default is almost indistinguishable from an unsettled one on a credit report.

    How long till it drops off her file ?
    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-letter
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
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    sourcrates wrote: »
    Paying it won't remove the default, only time will do that, a settled default is almost indistinguishable from an unsettled one on a credit report.

    How long till it drops off her file ?

    That's not quite true and it depends on what the persons situation and plans are for future credit. I have defaults on file and just been approved for a mortgage this wouldn't have happened had they been unsettled
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    Whatever you decide you could in your letter refer them to FCA guidance CONC 13.1.3

    (4) In accordance with the sections referred to in (1) the firm must 'give' a copy of the executed agreement and any other document referred to in it and the required statement.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    glentoran99 wrote: »
    That's not quite true and it depends on what the persons situation and plans are for future credit. I have defaults on file and just been approved for a mortgage this wouldn't have happened had they been unsettled

    Fair point glen, but if the entries due to drop off her file next week, then it's a pointless exercise !!!
    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-letter
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