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CCA Reply

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Comments

  • shinyhead
    shinyhead Posts: 422 Forumite
    There are loads of different things to consider before you stop paying.

    If the account was opened pre April 2007 and not done online then they must provide a copy of the CCA and to make it enforceable the CCA must have all the prescribed terms and conditions on it. Usually you don't need to worry about these as you simply don't get one back. If After Apr 2007 or done online then it doesn't have to have your signature on it.

    If you don't get one back after 12+2 working days then the account is in dispute. After a further 30 calendar days then they default. It's often then when those that decide to stop paying do it.

    If you should get one any time after then check it has all the correct terms and conditions on it. There are threads on here that will explain them. If these are ok then the creditor/DCA can enforce it even though they've not sent one before. It also doesn't make the debt go away as it will still be on your credit file.

    CCA requests are often used when a DCA gets heavy and threatening to make them back off until they produce one, which is not very often. You then become in control.
  • Thanks Shinyhead. I don't have much choice about paying at the moment. I haven't used any credit cards for 12 months, and have just been trying to pay them off when I can. 2 cards were cancelled and handed over to a DCA who became quite nasty to deal with. That triggered me looking at ways of dealing with these people. All my cards are pre April 2007, and none that I remember were applied for online. I am not trying to avoid paying, but they are harrassing me with phone calls. I have seen a second letter somewhere to send once the CCA letter 12+2 days has passed, but I can't find it now I think I need it.

    Some other threads are saying to send this second letter saying don't phone, and that the debt is unenforceable but I am not confident enough to just do that without finding out if others have done it and what the consequences are. I am sure lots of people are in the same situation. i.e Want to pay, but due to changes in circumstances they just want to stop financially imploding!

    It would be helpfull just to hear what everyone else has tried and what happened once the 12+2 days are over.
  • I am in the process of doing this and beleive me I can't wait till they have the second letter and I can say simply I DON'T HAVE TO TALK TO YOU AND BE NASTY LIKE THEY HAVE TO ME
  • Which letter should I send though? Have you got a template I could have?
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