More cca advice

98jdougl

Hi,
Am just about to send off my cca request letters (just waiting on payday to afford postage and postal orders lol) just wanting to check- when I request the cca am I correct in saying that the account is 'frozen' until the request is granted and I should therefore make no payments that would ordinarily be due the start of next month?

98jdougl

thanks in advance for all the help

stapeley

No this is not the correct way of doing it . I would advise paying as normal if you have the money. The account becomes in dispute after the 12 +2 days from reciept is up . But they have until 12+2 +30 days to come up with it . You will be in a better position if you continue to pay. Can then send the default letter after and if they fail to come up with it .

98jdougl

so what happens when the account goes into dispute?
thanks for all the help, am a newbie to all this!

98jdougl

anyone else got any more informatin on cca requests and what steps i should be taking?

bathgatebuyer

In theory it should be frozen but in reality it won't. Sainsburys have failed to comply with my request for a CCA over a year ago! They sent me an application form which doesn't contain any of the prescribed terms. I asked, and have continued to ask, for the account to be frozen which it hasn't been. The matter has been with the FOS since May 08 and I have a letter from the OFT in support of my case.

Despite that, interest still continues to accrue, they have ignored my requests to place this on hold pending a decision from the FOS and are also reporting the account details to creit reference agencies on a monthly basis so breaking the OFT Debt Collection Guidance Note.

I could have decided to stop paying like some others have (and won when taken to court by them for non-payment, i.e. when the judge says, "Where's the paperwork?" the bank are having to say, "Um, er, well, um.........." CASE DISMISSED!) but the length of time it takes to be taken to court for this could be anything up to 2 years. And that doesn't include the time it would take the bank to instruct the removal of negative information about that account to the credit reference agencies and tidy that up. In the meantime, I still want to get a car loan and renegotiate my mortgage and would rather do that with regular payments made to the bank rather than will 1-2 years worth of non-payment recorded on my credit file (albeit by doing so, Sainsburys would be in breach of the OFT Guidelines and I believe, the Administration of Justice Act).

Seems to be an incredibly unfair way to resolve these disputes!

98jdougl

so no definate answer there then lol! thanks for that.
What happens after the 12+2 days from sending it are up? and why 12+2 and not 14??

DastardlyCodpiece

After 12 plus 2 days the account is in dispute, not frozen. The extra 2 days is allowed for postage.

The 30 day rule no longer applies.

In my opinion, I would continue to make the monthly payments.

It may turn out that the debt is unenforcable in a Court of law but this does not mean the debt no longer exists.

It purely means that the creditor/DCA cannot enforce any Judgement against you which would be good news as it means you can negotiate monthly payments which are affordable to you or negotiate an affordable full and final offer.

However, if you know you owe the money you will still have to pay the debt. Even if it cannot be enforced in the Courts, they will still chase you for the sum involved but you have the upper hand in that you can negotiate.

I personally would not recommend you stop paying. Okay they may not produce the agreement in the immediate future but what if it turns up in a few weeks or months? You will have to start paying the debt again but it will have risen as you have not made any payments towards it.

Also I believe CCA requests should only be made if you have been threatened with Court action or you wish to check the amount of interest/charges being added are correct in accordance with the original agreement.

Sadly I believe too many people are sending off for these in the hope they can stop paying or even have the debt written off. This is very rarely the case.

And before anyone says anything, I have requested 2 CCAs. One because I was being threatened with Court action and I wish to cease that if possible and another as I was unsure the amount of interest being added to the debt was correct. One CCA has not been received and it is now about a month since I requested it. But, I'm still paying my monthly payment to the creditor involved because ultimately I know I owe them money.

Anyway, that's my thoughts on the matter.

DastardlyCodpiece

I would suggest that after the 12 plus 2 days you send the default letter as until they provide the agreement they are unable to continue to add interest to the debt and there are another host of things they cannot do.

Broken_hearted

Seems fair for it to stay on credit file if you did owe it, the only way it wouldn't be fair is if you didn't owe it in the first place.

bathgatebuyer

Certainly in my case we're down to the bones of what has been paid back to the bank. From my calculations, they've had back every penny that has been spent on the card plus a rate of interest at about 17% - what they haven't been able to provide is the CCA which purportedly shows that PPI was requested, wasn't pre-ticked, was fit for purpose, and was part of the inception of the agreement. As they haven't done that, I wouldn't have any qualms about not paying given that they have had back the sums borrowed plus a healthy rate of interest for them - but the outstanding balance is more than covered by the PPI payments made over the years which would not have covered me in the event of a claim because of a pre-existing medical condition.

It's not a case of, for me, 'getting away with it' or anything like that, just making sure that what I need to pay Sainsburys is fair and reflects the situation at hand. At the moment, I'm paying slightly more than minimum payments per month until this dispute is resolved, meanwhile interest accumulates on what is nothing more than worthless PPI premiums!

It's not clear cut, but don't think that just because someone has went down the CCA route they are trying to avoid paying back what they borrowed, but making sure that what they pay back is lawfully demanded.