12+2+30 is up today

tishywish

The 12+2+30 days for my CCA request from IQOR/MBNA is up today and, unless there's something in today's post, there's been no sign of a CCA. I did have a letter from IQOR stating that they have passed the request to MBNA but that was about 2 weeks ago.

What do I do now? Should I carry on paying but use the lack of CCA as support if they try to take me to court, or stop paying? If I stop paying IQOR will they pass the debt back to MBNA and I'll have to start paying again? I'm happy to carry on paying IQOR off as, without a CCA, I feel they can't try to force higher payments out of me. They've been easier to deal with than MBNA, that's for sure

GeorgeUK

You could have stopped paying after the 12+2 days had passed.

If you are happy to pay then do so, but you are making payments to a debt that is unenforcable right now. Have you checked your credit file? Is there a default registered against this debt? If there is a default, i would only pay on the understanding that the default be removed.

tishywish

There is a default against it from MBNA from about 2 months ago, I didn't know I could get the default removed. I haven't checked my credit file, I will have to do that then. Thanks.

GeorgeUK

It may be a bit of an argument about getting the default removed, but basically they can only pass your details on to a 3rd party if you have given permission for them to do so. That permission would have been agreed on the CCA - there is no CCA (or enforcable one) so there is no permission. This means that they are in breach of the Data Protection Act.

stapeley

Did you recieve a notice of assgignment ? Is the DCA acting for the OC or did they buy the account ? You need to find out .

rog2

tishywish wrote: »

I did have a letter from IQOR stating that they have passed the request to MBNA but that was about 2 weeks ago.

The fact that IQOR have 'passed the request to MBNA' means nothing. If it was IQOR who were chasing you for payment, then it is IQOR who are legally obliged to provide you with a true copy of the original, executed, consumer credit agreement. It is common practice for debt collection agencies to try and fob debtors off with the excuse that it is the original creditor's responsibility to provide this information as an 'excuse' to try to divert the debtor away from their (IQOR's) legal responsibilities under the Consumer Credit Act.
The fact is, tw, that after 12 working days (12+2) from receipt of your request for a cca, IQOR did not supply you with one and have, therefore, been 'in default' since that time.
In order for IQOR to 'enforce' the original agreement, they must, now, seek permission from the Courts. This means that, in answer to your defence that they did not provide you with the cca in the legally prescribed timescale, they must show the agreement to the Court and give a very good reason why they were unable to comply with their legal obligations in the first place.
The Consumer Credit Act has, recently, been amended to the effect that the +30 days letter, stating that the creditor/dca had, in addition to being in default, now committed a criminal offence, is no longer applicable.
This does not, however, mean that IQOR can disregard their obligations as to providing the cca within 12 working days.
As George says, you are now in the driving seat in respect to this 'debt'. Irrespective of how you wish to deal with it, you may now insist that any default, shown against this debt, on your credit file be removed.
I appreciate that you say you are 'happy to pay off IQOR' and I commend you for your responsible attitude. The only thing I would say is that you can now take full control, without being bullied, of how you wish to pay. This may mean paying off the debt at a lower monthly payment, such that it does not leave you without money for essential purchases, or by negociating a 'full and final settlement figure with IQOR:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Whatever you decide, it would do you no harm, whatsoever, to discuss your options with one of the Debt Counselling Charities such as:

National Debtline http://www.nationaldebtline.co.uk/ tel. 0808 808 4000

CCCS http://www.cccs.co.uk/ tel. 0800 138 1111

or a debt adviser at your local CAB

All of the above organisations are fully endorsed by this site will give you free, professional and confidential advice on how to proceed with this matter.

Good luck.

tishywish

Stapeley - no notice of assignment received, all I had was the default notice from MBNA, silence for 2 weeks or so then a letter from IQOR threatening me with court action (after several phone calls). Hence I wrote various letters to them including the CCA request one.

Rog2 - I thought it would be IQOR who had to provide the CCA. I haven't responded to them ref them passing the request to MBNA. I'm with Payplan (sorry, should have said that before) so I will speak to them to see what they suggest. Thanks, you've made me confident that I now don't have to feel bullied by them and can try to negotiate a smaller F&FS too, at a later date.

rog2

tishywish wrote: »

I'm with Payplan (sorry, should have said that before) so I will speak to them to see what they suggest.

Hi tw - the fact that you are with Payplan makes the behaviour of IQOR even more deplorable, as they should deal with Payplan as your nominated third party. I did not include Payplan in my 'list' as they are not, strictly speaking, a charitable institution, but they do give free and professional advice, and have helped many people on this site - I have no hesitation in reccomending them in addition to the charities that I listed before.

tishywish

I had a letter from IQOR after I first wrote to them, saying that IQOR won't deal with a third party without a signed letter - of course they are not going to get my signature but I noticed they have been happy to accept two payments from Payplan despite this.

If I stop paying IQOR that does free up another £30 or so a month to go to my other creditors which would help clear those quicker.

rog2

tishywish wrote: »

I had a letter from IQOR after I first wrote to them, saying that IQOR won't deal with a third party without a signed letter - of course they are not going to get my signature but I noticed they have been happy to accept two payments from Payplan despite this.

If I stop paying IQOR that does free up another £30 or so a month to go to my other creditors which would help clear those quicker.

IQOR are wrong to state that 'they will not deal with a third party. The OFT Debt Collections clearly state that a Debt Collectopr should deal with a nominated third party if you request them to:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

It looks, to me, that IQOR are trying to bulldoze you into giving them 'preferential status' over your other creditors.

What do Payplan say?

Yachts_2

I have requested from 2 cards the signed executed agreement, both ignored me 1 month ago, I am still paying the mimimum, they say they have a default against me as I am in agreement, Tesco charge me the same monthly payment in interest as well, its a now a no win situation. What do I do now, I am not wanting a CCJ against me either?