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aqua card - help please.....

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am wondering what to do next - ive sent a cca to aqua and as of yet they havent cashed the cheque (silly me didnt send it recorded).....i am wondering if there is a way to reduce this because they are adding so much interest on and i will never ever afford to pay it all...i owe £460 on it and pay £15 a month but they add £13 straight back on in interest.......i really cannot afford to pay the £15 a month but they wont allow me to reduce payments.....is there a way round this please?

do i send them a letter for cca again (recorded this time)? will it help?

thanks

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  • RAS
    RAS Posts: 32,848 Forumite
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    When did you send the CCA letter?

    have you already got a default on this debt?
    The person who has not made a mistake, has made nothing
  • magoogy
    magoogy Posts: 2,961 Forumite
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    thanks ras (again lol - you are a wealth of help to me).....i dont have a default yet on this but am finding it hard - i know for sure i wont be able to make the payment this month as it came this morning and i just dont have it and wont have it......

    i send the cca letter 3 weeks ago so i think that is ample time? or should i wait and see? i remember paying the last bill on the 16th and posting the letter a couple of days later but, if i just wait what will happen when i dont pay my bill on the 16th like i should?

    thanks
  • RAS
    RAS Posts: 32,848 Forumite
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    Hi

    You need to work out exactly when you sent the first letter and then send this after the 12 working days (remember there was a bank holiday) +2 days is up

    You are going to have to redit the paragragh on it being signed for.

    Frankly it is a bit risky, but at least if they send a response saying they did not have the letter, you know.

    The other option is to pay this month and to resend the letter registered post this time.


    Quote:
    DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
    FAILURE TO PRODUCE AGREEMENT


    Dear Sir/Madam


    ACCOUNT NUMBER: *******************


    I do not acknowledge any debt to your company.


    I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



    The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



    I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



    If the creditor under an agreement fails to comply with subsection (1)—



    (a) He is not entitled, while the default continues, to enforce the agreement; and
    (b) If the default continues for one month he commits an offence.
    As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

    Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


    Data Protection Act (Data Protection Act 1998)

    Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

    I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

    Yours faithfully,
    The person who has not made a mistake, has made nothing
  • magoogy
    magoogy Posts: 2,961 Forumite
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    thanks ras....so are credit cards like catalogues? if they dont provide the signed credit agreement there is nothing to pay?

    is there another route to go down whereas i ask them to freeze the interest and accept reduced payments to enable me to pay it off or is this the only option?

    thanks
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