Can anyone offer some advice?

racey84

Hi all,

Firstly I would like to apologise for starting a new thread, I was not sure if I should post this in the CCA request thread or start a new thread.

I hope someone can give me some advice, as I currently have some debts with credit cards, I have requested a CCA from them all. I have received the CCA from Mint and Egg and am currently making a payment of £1 to them a month as this is all I can afford. However from HSBC I have not received a CCA and I have sent the CCA, CCA12+2days and CCA12+2+30 days letters.

After I sent the CCA12+2days letter I received a response from metropolitan collection services (who are collecting the debt for HSBC) apology for the delay and saying they have ordered the paper work from their client, which I will receive in due course and they would not enforce action in the meantime.

I waited the next period of time and sent the CCA12+2+30days letter and received a response they have replied (with the response of the CCA12+2days letter) and they did not agree with the points listed and the paperwork requested is being held in xxx branch and in the process of being retrieved, they also pointed out they have not tried to contact me for payment. So after this response I left it, however recently I have received a letter saying payment is overdue, so I rang metropolitan and asked if they had the CCA I was told it was sent out to me a week ago, as I have not received anything I said I will continue with payments after I receive and review the CAA. A few days later I received another letter requesting payment in full, so again I phoned metropolitan and was told I had to make full payment there and then. I replied I was not in a position to do so and asked about the CCA the person on the phone said the CCA is not important and kept insisting I have to make full payment there and then. I kept telling him I was not in a position to make full payment and the call ended with him telling me they will be passing the debt to their solicitors.

Sorry I have gone on a bit here, I am not sure what to do next. Should I write to them again? Metropolitan partially annoy me as they seem to only response to letters which have been sent special delivery, which costs about £4 (every penny counts at the moment), they don’t even seem to respond to letters sent by recorded delivery.

10past6

Firstly, never, ever, ever phone a creditor / DCA, no matter how tempting it is, how can you prove what was said, and by whom?

As for your CCA requests, when you request a CCA, this puts your account into “Dispute” the debt cannot be enforced until that dispute is resolved.

Make sure when your correspond with a creditor / DCA send your letter via recorded delivery so you have proof.
The letters your are receiving re late payments, are standard computerised letters, just ignore them, they have your CCA request, leave it at that.

Next time you correspond with them, request a copy of your CCA which they claim to have already sent you, give them a time-scale of 10 working days to reply, or you will take further advice from the regulatory authorities.

Your have NO reason to send by "Special Deliver" send via "Recorded Delivery" cost £1.08,

racey84

Hi, Thank you for the reply. Hope you don’t mind me asking but what if a DCA calls me? Can I refuse to speak to them?

I have sent letter to metropolitan in the past via recorded delivery and do not get a reply, when I try to check via the royal mail online checking system it says record can not been found and asks me to contact them, so I do and I get told it has been sent but there is no signature as the postman has dropped lots of post all in one go. Is this still proof the letter has been sent?

mother_hen_2

can I use this as a delaying tactic with my CC companies if so where is the template? (whilst waiting for my IVA to be assessed)
thanks

phil80

Of course you can refuse to speak to them on the phone its your mouth just dont speak to them when they call they will ask you security details just refuse to give them to them and say yo dont want to give out personal details over the phone as they cannot verify who they are they could be anybody. Or just get your address wrong and fail the security check or you can just hang up on them.

racey84

mother_hen wrote: »

can I use this as a delaying tactic with my CC companies if so where is the template? (whilst waiting for my IVA to be assessed)
thanks

Hi,

I don't know if you can use this as a delaying tactic, but here is a link to the template letters which I used to request the CCA's

http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

racey84

phil80 wrote: »

Of course you can refuse to speak to them on the phone its your mouth just dont speak to them when they call they will ask you security details just refuse to give them to them and say yo dont want to give out personal details over the phone as they cannot verify who they are they could be anybody. Or just get your address wrong and fail the security check or you can just hang up on them.

Thanks for the reply.

I know it's my mouth and I can just say I don't want to speak to them, but what I mean is will it count against me if this does get taken further (court action)?

fatbelly

It won't count against you.

It's good advice to say that you should only deal with these organisations in writing.

phil80

when they call next dont confirm any details and tell them that you will only deal with them in writing in future send of a CCA request to them letter below and see what they come back with.

Dear sirs

Re :

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

racey84

phil80 wrote: »

when they call next dont confirm any details and tell them that you will only deal with them in writing in future send of a CCA request to them letter below and see what they come back with.

Dear sirs

Re :

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

Thanks for taking the time to reply and the draft letter, however I have already requested the CCA and sent a £1 cheque with this (which has been cashed) Would I have to send another £1?

phil80

no just wait till 12+2 days are up the send letter advising them of this and sit and wait for the next 30 days then once thi sis up write again telling them. Until they provide this dont speak to them at all