Help with Credit Consumers Act 1974

Red1983

Hi all, my name is 'Red' Im new to forum. How is everyone doing, getting rich and most importantly debt free I hope! LOL

Ok, I was wondering if anyone could possibly help me.
I know that there is a lot of the same info in this forum on the CCA 1974,
However, I was wondering if someone could please provide me with a little guidance.
I am more than happy to fight these greedy, nasty, financial giants. and I take full responsability for the mistakes I have made, and have changed dramatically over the past 3 years.
I have managed to claim back bank charges from Lloyds TSB, and have managed to set my self up with an arrangement with all of mine and hubbies 9 creditors, we owe a total of 38000 (just being real honest here)
we went from paying them 1 a month for a whole to now 100 per month between them all.
If I wasn't the person I am I don't know how I could have coped, and I have to give full thanks to this website and everybodies advice.
............ sorry I know im rambling, just giving an overview of my circumstances......
So , I want to fight the creditors on the grounds of the debt being unenforceable, but most of them are though a DCA, and as I have been paying them ALL for nearly three years now on what I can realistically afford, I wondered if I could still fight to see if the debt is unenforceable.
I have noticed crafty things from all of them, like extra interest, charges, PPI that I am sure I canx, etc...
does anybody think I can still fight, even though I have acknowledged the debt and to be quite frank, bloddy well loyal and:p faithfull?, with not a lot of thanks from them but a few smacks in the face!
Any help would be muchly appreciated.

God Bless

Red

:A

GeorgeUK

Get those gloves on.

You are legally entitled to request a copy of your customer credit agreement at any time. The fact that it may be with a DCA may actually be more beneficial as there is less chance of them having a copy of the CCA. You send the CCA request (with £1 fee) to whoever is chasing you for the debt. They have 12(+2) working days to not only provide a copy of the agreement, but if it was from before 6th April 2007, must have certain terms on it for it to be enforcable.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

Don't forget that you can also reclaim charges. A DCA should only be adding interest or charges if they are acting on behalf of the originall creditor or if the T&C allow for interest to be added after the debt has been sold on.
http://www.moneysavingexpert.com/reclaim/

Jesthar

Hi Red, and welcome!

Not sure about the debts, have you asked for the CCAs on any of them at any point? Not sure where you stand, though, having been paying them off, though. I'll let other more knolwedgeable people handle that!

You should stand a chance of reclaiming PPI, I would have thought, though. And well done on getting the bank charges back! :T

Anyway, to help us help you, how about doing a full Statement of Affairs - a sort of summary of your monthly finances? Link to our usual calculator is here:

http://www.makesenseofcards.com/soacalc.html

And if you fill in in (include absolutely everything!) and use the 'MSE' button in the 'Format Results' section near the bottom, you can then post it straight up in here for us to have agood look at and see if we can save you a bit extra money here and there.

~Jes

Red1983

GeorgeUK wrote: »

Get those gloves on.

You are legally entitled to request a copy of your customer credit agreement at any time. The fact that it may be with a DCA may actually be more beneficial as there is less chance of them having a copy of the CCA. You send the CCA request (with £1 fee) to whoever is chasing you for the debt. They have 12(+2) working days to not only provide a copy of the agreement, but if it was from before 6th April 2007, must have certain terms on it for it to be enforcable.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

Don't forget that you can also reclaim charges. A DCA should only be adding interest or charges if they are acting on behalf of the originall creditor or if the T&C allow for interest to be added after the debt has been sold on.
http://www.moneysavingexpert.com/reclaim/

:A
Thanks so much for this, I will check out the links.
Do you think I should just start with one at a time or do you think I should just do all 9 at once?

Red

GeorgeUK

No harm in doing them all at once as long as you keep making the payments and can afford to spend the money right now. Once the debt is in dispute, then you can stop payment if you wish.

Note - if the debt is with a DCA rather than the original creditor, DO NOT sign the letter. Print your name or type it but do not give them a copy of your signature - that goes for cheques too which is why postal orders are suggested.

Red1983

Thanks for that George.
Can I just confirm:
Send letter to DCA with Postal Order
Wait for reply
No Reply, or Not original agreement sent - Send second Letter and stop paying? also stating that I NO LONGER acknowledge the debt as no original CCA has been sent to me.
If no joy after the 12+2+30 days, Send letter demanding debt to be written off and demanding all payments sent to them from when I started paying them?
After this, do I then start on the Original creditor or do I send the letters to both the DCA and Creditor alike?

Just want to make sure I know what I am talking about as opposed to just sounding like I know what I am talking about, and where can I get a copy of the CCA?

Also after the 12+2-30, do I then report them immediately to the OFT? and do I let the DCA and Creditor know I have done this?
At which point do I say "Ok, now we are going to court to get this debt removed as it is proven unenforceable"?

Thank you so much for your help.

Red

:A

GeorgeUK

Send letter to DCA with Postal Order
Wait for reply

ok so far

No Reply, or Not original agreement sent - Send second Letter and stop paying? also stating that I NO LONGER acknowledge the debt as no original CCA has been sent to me.

Kind of. After 12 working days + 2 for postage if no reply or not original agreement - or agreement without all the required terms is sent, then send 2nd letter. 1st letter should state i acknowledge no debt as should all letters you send to them for CCA. If no enforcable CCA is received, then you can stop paying them and send 2nd letter stating that you remove any authority for them to pass your details on to a 3rd party (s.10 Data Protection Act).

If no joy after the 12+2+30 days, Send letter demanding debt to be written off and demanding all payments sent to them from when I started paying them?

There was an amendment to the legislation so it is no longer a criminal offence after 30 days. You also can't demand payment. Weller had managed to do this, but only because it turns out she had been making payments to someone elses debt.

After this, do I then start on the Original creditor or do I send the letters to both the DCA and Creditor alike?

You should only be dealing with whoever is chasing you for payment of the debt. If this is a DCA then you deal soley with the DCA. If you contact the original creditor, they may have the paperwork.

After the 12+2 days if the debt is unenforcable, the DCA should not be chasing the debt unless they provide a true executable copy of the CCA. If they chase you for this debt but cannot prove that it is yours, then you should contact the TS and OFT.

I'm not sure if you can also inform the Financial Crimes Branch at Her Majesty’s Treasury - that would really put the wind up them.

Red1983

GeorgeUK wrote: »

ok so far


Kind of. After 12 working days + 2 for postage if no reply or not original agreement - or agreement without all the required terms is sent, then send 2nd letter. 1st letter should state i acknowledge no debt as should all letters you send to them for CCA. If no enforcable CCA is received, then you can stop paying them and send 2nd letter stating that you remove any authority for them to pass your details on to a 3rd party (s.10 Data Protection Act).


There was an amendment to the legislation so it is no longer a criminal offence after 30 days. You also can't demand payment. Weller had managed to do this, but only because it turns out she had been making payments to someone elses debt.


You should only be dealing with whoever is chasing you for payment of the debt. If this is a DCA then you deal soley with the DCA. If you contact the original creditor, they may have the paperwork.

After the 12+2 days if the debt is unenforcable, the DCA should not be chasing the debt unless they provide a true executable copy of the CCA. If they chase you for this debt but cannot prove that it is yours, then you should contact the TS and OFT.

I'm not sure if you can also inform the Financial Crimes Branch at Her Majesty’s Treasury - that would really put the wind up them.

:A
Ok, thanks for this George, I will get on with writting the letters, probably begining of next and I will let you know how we get on.
Once again thank you so much for your advice.

Red

:A