DMP Mutual Support Thread (Part 5)

Toffee_Penny

Kudox wrote: »

Toffee have you asked for cca's from any of your creditors, keep thinking I might do this if I can get around to it, not to try to stop paying back the debt just to have a bit of extra amunition if any of them did try to go down the court route.

Tell you what Kudox if I could spend £12 on CCA's to get rid of 50k I would without a second thought :rotfl: I'd take you to Gran Canaria if it worked too:rotfl:

I have sent CCA request to Halifax credit card as they were just annoying me charging reduced interest. They have a few days to respond yet.

Personally I would send the £1 CCA request to every creditor just to see where you stand.

Funny you should ask though with reclaiming ppi I have had to send for SAR's which specifically asks for the true signed credit agreement.

Interestingly
Barclaycard have nothing except statements for account :eek:
Monument have signed bit on standard application form :eek:

Capital One sent blank CCA :eek:

Lloyds came back with all mine :mad:


Waiting for MBNA, Great Universal and Marbles. I don't think creditors know what an enforceable credit agreement is because a signed application form would not stand up in a court and neither would a blank form but it puts you in a good position if they can't find one especially for F&F's

To be totally honest if I had the bottle I would stop paying those who didn't come up with CCA's and I would complain about sharing my details with other DCA's as surely thats breach of Data Protection?. But I'm exhausted fighting for charges and ppi back at the minute and wouldn't want the hassle of doing a dmp myself just yet as I don't have an account with a cheque book.

Kudox

Thanks Toffee,never thought of that about the F&F's thats another good reason to do it.
Am definately going to motivate myself and ask for them now.

Kudox

Just read your edited bit, Toffee:T

Tell you what if I can get rid of £50k as well you're on, might even take a few others with us, who's up for it:rotfl:

Toffee_Penny

Just do it anyway just to annoy them! :rotfl: I had images of all the bank staff running around the offices collecting SAR information on us, what a waste of their time! :rolleyes:

But you know what? IF, just IF our creditors had been fair in the first place and NOT charged ppi, not kept charging stupid amounts of interest when we set up our DMP which added a good few hundred on the total despite constant letters appealing to them no to.

We were clearly scared and worried at the start of our DMP suffering financial difficulties and they didn't give a toss. But now I think sod them, sod them all. Fight them all the way as hard as you can.

Creditors hate sites like this because it gives the little people like us the courage and confidence to fight the big people.

Kudox

That is so true I'm still getting charged interest by some of my creditors even now, not to mention my former bank RBS who I think are trying to raise the money to pay there bonuses from me and OH alone:rolleyes:

Virgin(MBNA) started charging OH an interest rate of more than 30%:eek: and that was before he got into difficulties with them.
They are one that I would'nt hesitate to stop paying if they could'nt produce the cca.

Toffee_Penny

:rotfl: :rotfl: :rotfl:

I often wonder why creditors treat us on here so differently? Barclaycard accepted DMP straight away even when we had to lower payments that time cause I messed up with income figures. BUT then again they didn't come up with a signed CCA either :rolleyes:

Go for it Kudox for the sake of a £1, what have you got to lose? Might shake them up a bit too.

2spicy

Can someone give me the ins and out sof CCA's please ?

Is it worth rattling the creditors cages and asking for copys of the Signed CCA ?
What is the law regarding them ? Ive had a quick look, but far too many hits to read them all.

Toffee_Penny

http://forums.moneysavingexpert.com/showthread.html?t=767025


I found this on here Spicy it might help

All credit agreements are regulated by the Consumer Credit Act 1974

Any type of credit you had you should have signed one of these and the bank/catalogue/loan company should have your true signed copy as proof that you agreed to all the terms and conditions of the credit you took with them.

If they don't have this then under the Consumer Credit Act the debt cannot be legally enforced which I think means you are under no obligation to make future payments until they produce it and they cannot take you to court for the debt

But I really don't understand it fully, still new to all this really but if anyone else knows please share with us.

Kudox

Toffee_Penny wrote: »

http://forums.moneysavingexpert.com/showthread.html?t=767025


I found this on here Spicy it might help

All credit agreements are regulated by the Consumer Credit Act 1974

Any type of credit you had you should have signed one of these and the bank/catalogue/loan company should have your true signed copy as proof that you agreed to all the terms and conditions of the credit you took with them.

If they don't have this then under the Consumer Credit Act the debt cannot be legally enforced which I think means you are under no obligation to make future payments until they produce it and they cannot take you to court for the debt

But I really don't understand it fully, still new to all this really but if anyone else knows please share with us.

Thats my understanding of it too, they're discussing it on the cca thread at the moment, maybe thats the place to go for more in depth info.
it's way past my bedtime so thats me for the night, sweet debt free dreams everyone:D

massivedebts

Good Morning to all!

:j :j :j HAPPY BIRTHDAY DLB:j :j :j

A birthday ode to DLB,
From all your friends on MSE
You always take time to give advice
Making a difference to all our lives

We wish you today lots and lots of fun
We hope your 4 kids spoil their mum
You're kind and caring, & it's been our honour
To have been lucky enough to 'meet' you Donna!

Enjoy your your birthday DLB and thank you so much for your continued support.:T :T :T :A :A :A :A

MD xx