When should we stop paying?

GeorgeUK

With regards to defaults, there should only be one default against a debt and that should be dated from when the payments stopped being made to the account. If the date is incorrect or there is more than one default against an account, this is in breach of the Data Protection Act.

Also, there is a 12+2 day letter that you can send. Fermi posted one and i posted one on this thread. Mine mentions that you are removing their authority to pass on details to a 3rd party (such as a credit reference agency), so if there is no default currently against the account, after they receive this letter, they should not be passing on your details as they do not have your permission to do so (the permission would have been given in an enforcable CCA).
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945
(fermi's is on post 12 - you may want to try mixing and matching)

There is a chance however that the DCA will just ignore this and put a default on anyway. If they do this, they are in breach of the DPA as you have removed any permission they had to pass on your details and you should complain to TS and the ICO. Doesn't do hubby's score much good while trying to sort it out though.

I've been trying to find exactly where it states that payment can be stopped. I'm sure it's not part of the CCA74, but possibly the OFT guidelines - came across this on my search though which makes an interesting read. I referrred to something similar in one of my posts for defaults.
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169636-rbs-have-admitted-they.html#post1829428
http://forums.moneysavingexpert.com/showthread.html?p=12720057#post12720057

OFT guidelines state

2.6
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless
legally entitled to do so

There is however some dispute on the CAG board as to whether you are allowed to moke no payments to a debt that is in dispute due to there being no CCA. That makes me a little concerned, but hopefully the OFT guidelines are enough to enforce the position.

98jdougl

I am in the same position with a couple of both my and my OH's debts (a couple of mine shouldn't have a CCa as an ex set them up in my name without me knowing and scarpered- heartbreaking i know lol) am sending the requests off tomorrow so have been trying to find out about this

Seems like there are no definate answers yet, grr lol

rog2

DastardlyCodpiece wrote: »

In my view lack of CCA should be used purely to negotiate monthly payments or full and final offers, not to get out of paying a debt.

The lack of a consumer credit areement, or one that is not compliant with the conditions laid down by the Consumer Credit Act, means that that 'agreement' is no longer enforceable without the permission of the Courts. The 'Creditor' would need to either convince the Courts that the 'agreement' was, in fact, compliant, or give a pretty convincing reason as to why he, that creditor, feels that he is free to act outside of the Law.
That said, however, the decision to stop making payments, once the 12 working day prescribed timescale has elapsed, will be largely dependent on the alleged debtor's reasoning for requesting the cca in the first place. If, as has happened to other posters on this board, the creditor/dca has been pursuing that 'debtor' for a debt which was not theirs, or which had already been paid, then there can be no question other than to stop paying.
It can, also, be reasonably argued that a debtor should not pay if the agreement was not properly executed, or if it had been phrased in such a way as to mislead, or penalise, the debtor over payment terms.
If the 'debtor' does not deny the existence of a debt, but uses the cca request process in order to try to find out the current, and full, situation of that 'debt', then the absence of a cca and current statement of account, will, quite rightly, enable that debtor to 'take control' of their situation - whether that means not paying, negociating more manageable payments or by making a full and final settlement offer, will depend on the individual circumstances of the 'debt' and wishes of the 'debtor'.
What can not be denied is that the Consumer Credit Act is a fully integrated part of British Law. Creditors have had almost thirty years to get used to operating within its terms, and should not be surprised when 'debtors' choose to use the protection that the Act provides as their legal right.

HannaB

GeorgeUK wrote: »

Also, there is a 12+2 day letter that you can send. Fermi posted one and i posted one on this thread. Mine mentions that you are removing their authority to pass on details to a 3rd party (such as a credit reference agency), so if there is no default currently against the account, after they receive this letter, they should not be passing on your details as they do not have your permission to do so (the permission would have been given in an enforcable CCA).
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945
(fermi's is on post 12 - you may want to try mixing and matching)

Hi George, many thanks for the links. I had gone around the MSE boards and bookmarked pages that may apply to me. I had some from you, fermi and Weller, some dating back as far as 2007. I think I had about 20 bookmarked altogether, templates and legislation quotes, depending on the different outcomes and circumstances. It's nice to have them summarised.

98jdougl, sorry to hear about what your ex did. What a nightmare! Fortunately, this didn't happen to us. My OH thought he had some old debts that he hadn't paid from a prevous relationship (around 2000-2001) and when Rockwell wrote to us out the blue, we ASSUMED it was for them and started paying. I wish we knew then what we know now!

GeorgeUK

I take it there's no chance of the debt being statute barred?

HannaB

There might be, if it was dormant for six years prior to when payments commenced in Feb 2006. This was one of the reasons why I thought about requesting the CCA in the first place, to see if we could get some dates.

Problem is, my OH seems to have completely blocked out that part of his life. He can remember he had some work done on the roof in the house he shared with his ex, but he has no paperwork at all. He has no record of his life before 2004.

GeorgeUK

What he might be able to do is send a subject access request to the original creditor. They should keep documents for 6 years after the account is closed so hopefully they will have either documents or statements that show when the last payment was. A SAR costs £10 - that link you have quoted should have some templates for it. I think there is one at the end of the 1st page and i put up another on the 2nd page.

HannaB

I think the original creditor may have been Nationwide, but that's just a wild guess. Are Rockwell/Tessara (sp? - more like STRESS-ara) linked to anyone in particular? We might get an up to date copy of his credit file to double check.

I'm sending the default letter by Recorded Delivery tomorrow. Interesting thing though, on the 5th Nov I wrote two letters to Rockwell. One was the CCA request and the other was a complaint because the Rockwell agent tried to force my OH to take out a loan to pay his debt (naughty, naughty!). Both were signed for on the 6th Nov, but I only received an acknowledgement for the complaint. I've added that fact to the template too.