CCA Help Appreciated please

rayday2

Bit of a long story this one but I shall try to sum it up. Today I received a letter saying 7 days before action (knew this is a threat) but the bit that upsets me is on a £125 debt they have added £10 interest, £15.00 court fees and £50.00 solicitors totaalling over £200. Now the history.

This catalogue account was opened about 15+ years ago.

Been on a payment plan for about 8 years now and happily paying at about £22.

March 2007 changed to Frederickson Internaional DCA

During above changeover a payment went to old DCA and Frederickson deny receiving it and refuse to look for it.

Various letters change hands but get nowhere. But recieve a letter to say I should pay more to reduce the level of time it takes to pay down to a reasonable level by now I am paying £25 and owe £125.

Because they refuse to find this payment January 2008 I ask for a copy of signed credit agreement and enclose the payment necessary. They wanted copies of all my cheques etc which would cost £5 per cheque and I thought MSE way pay the £1

Nothing from them.

March 2008 I write to tell them they have not supplied it and it is now unenforceable etc etc

April 2008 they write sayign they have referred the matter to their client and have placed the account on hold.

December 2008 they send a letter with a copy of something from Littlewoods saying a summary of payments made in last 6 years nothing like what I asked for.

I write back telling them that they were too late and that what they supplied is not what I asked for etc etc

They write again saying they want an arrangement to pay this debt.

Then the letter I received today - what can I do now please?

fermi

Write back and tell them that if they take it to court then you will ask the court to order them to produce an original signed CCA compliant with sections 61 of the Consumer Credit Act 1974 and subsequent regulations.

Bet they won't like that.

Then make your offer......

rayday2

Literally that is all I have to put with my proposals? Why do things sound simple when you are not involved and a mountain when you are lol

It is so frustrating they were a company I was trying to pay off quickly and then they starting all this messing around.

fermi

I suppose you could dress it up with lots of words. As is done in a lot of the CCA templates you see.

But that is what it comes down to basically.

No agreement, and they fall flat on their faces if it goes to court and you make an effort to defend.

They will know that.

rayday2

They have had two long wordy letters from templates I have nothing to loose but try short and sweet. Maybe the carrot of me offering to pay if they reverse charges and find that lost payment may help.

Thank you very much.

fermi

NDL has some useful stuff for when a creditor refuses an offer.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=14_what_if_a_creditor_refuses_my_offer_of_payment

Including the letter below.

Add to that the fact that there is no CCA, and you are in the driving seat.

They would just prefer you didn't know that. :rolleyes:

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Acc/Ref No ******************

Thank you for your letter of <date>. We are very disappointed that we seem unable to reach a satisfactory compromise in this case.

As we have already explained, we can only afford £71 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in correspondence your intention to commence proceedings in the county court against us. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. In trying to avoid the necessity for the start of proceedings”.

We would suggest that your refusal to accept our offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.

The offer of £71 is of course still open to you to accept.

Yours faithfully

Mr A N Other

maz1964

hiya rayday2

is it you from the forum thread that you used to give numbers out for debt free wanabees??

if so long time havent seen you

hope you are okay anyway all the same to whoever you are :beer:

anyway im still here but battling in my own way against all these creditors of mine who have turned nasty since ive been reading up on my rights,,,,

anyway catch up laters cheers maz