Help Please????

d_brat81

Please see my original thread...

My main question at the moment is what is the purpose of the CCA letters.

Many thanks in advance.

Like the brain dead person I am I forgot to put the link!!
http://forums.moneysavingexpert.com/showthread.html?p=13589781#post13589781

LilacPixie

My understanding is:

A creditior needs to hold a 'true copy' of a CCA to make a debt legally enforcable. No CCA then a debt isnot legally enforcable but the debt still exists. It just means court action cannot be taken to prove the amount is owed.

d_brat81

LilacPixie wrote: »

My understanding is:

A creditior needs to hold a 'true copy' of a CCA to make a debt legally enforcable. No CCA then a debt isnot legally enforcable but the debt still exists. It just means court action cannot be taken to prove the amount is owed.

Thanks. So once I send it off whats the next course of action IF they produce one?

Sorry if I'm being a thicko today... I am so wound up!!

d_brat81

bump

Someone please help me?

Sue-UU

Sorry, can only bump again and hope you get the answer you need.

d_brat81

Thank you for your efforts....

Bump:o:o:o

RAS

Hi

It loks like most of your debts are relatively recent?

If the debt was taken out prior to April 2007, then the creidt company has to produce a signed CCa for each debt (CC, loan or catalogue only), or they cannot enforce the debt in the courts.

The debt still exists and they can still default you but they cannot chase you throught the courts. In some instances people refuse to pay any more, in others they do a deal to pay as it suits them not as it suits the DCA.

I am worried that you have made arrangments with MBNA wothout recieving this, as they are well known for not having the CCA and if they are making that sort of offer, then I suspect this debt is unenforceable.

What date did you post the letters out?
Have you had any correspondenece back fro the creditors with CCas enclosed?

How many of these debts are yours, how many are your ex's and how many joint?

d_brat81

RAS wrote: »

Hi

It loks like most of your debts are relatively recent?

If the debt was taken out prior to April 2007, then the creidt company has to produce a signed CCa for each debt (CC, loan or catalogue only), or they cannot enforce the debt in the courts.

The debt still exists and they can still default you but they cannot chase you throught the courts. In some instances people refuse to pay any more, in others they do a deal to pay as it suits them not as it suits the DCA.

I am worried that you have made arrangments with MBNA wothout recieving this, as they are well known for not having the CCA and if they are making that sort of offer, then I suspect this debt is unenforceable.

What date did you post the letters out?
Have you had any correspondenece back fro the creditors with CCas enclosed?

How many of these debts are yours, how many are your ex's and how many joint?

The bills we've had for quite a while but Mbna, Natwest and Virgin we started paying 1 quid a month ages ago because they refused to accept a token offer payment and monthly interest got ridiculously high after notifying them...

Lloyds is the most recent one that we have missed payments for.

The letters were posted about a week or more ago and no one has responded.

None of the debts are in my name they are only in his name because I could not get credit at the time. The mortgage is joint and with them threatening to attach a court order to the house which is why I am helping...

My ex has never been good with finances which is why I feel responsible....

I am seriously worried now but the Mbna I am only an additional card holder so maybe that could be in my favor and I have not signed nor have they sent any formal written aggreement.

RAS

Hi

Going to respond to this here, rather then the other thread.

These debts are for OH to sort out, except the mortgage. YOU ARE NOT RESPONSIBLE FOR THEM - shouting delibarate. Do not pay the MBNA card at this stage (relative etc).

Whatever happens, try to get the mortgage paid in the short-term. if the relative is prepared to help, ask them to help with it, as long as they know they may not get it back. If they go for a charging order, then you will receive a copy of the notiifiation and need to go to court about it.

There is some very useful advice on here regarding the precedents that you need to quote, so come back if it happens.

d_brat81

RAS wrote: »

Hi

Going to respond to this here, rather then the other thread.

These debts are for OH to sort out, except the mortgage. YOU ARE NOT RESPONSIBLE FOR THEM - shouting delibarate. Do not pay the MBNA card at this stage (relative etc).

Whatever happens, try to get the mortgage paid in the short-term. if the relative is prepared to help, ask them to help with it, as long as they know they may not get it back. If they go for a charging order, then you will receive a copy of the notiifiation and need to go to court about it.

There is some very useful advice on here regarding the precedents that you need to quote, so come back if it happens.

I hear what you are saying but if it wasn't for me he wouldn't have these debts because its a loan taken to consolidate other debts. The only reason its not in my name is because I got refused.

As for relatives helping... fat chance and we can't sell because we re-mortgaged in March.

Where can I find the advice on the precedents?

Thank you again.

RAS

I appreciate that but legally there is nothing you can do. His creditors will not even talk to you.

It will probably come out in the wash but at the momenet, you need to sort out you and the baby.