Who wants a laugh?

Honeybee_2

Phoned dca today (Connaught) to get an up to date balance and to chance my arm with a f&f.

agent wasn't budging with this f&f so when asked if there was anything else he could help with, I asked if he could kindly send the cca and deeds of assignment. He informed me that yes, they have them so that'd be no problem - I said great, I'll make next payment whe I receive them.

He said that they have 3-6 months to send cca so cough up. I said no, you have 12 working days.

He said, :money: "are you reading this off that internet forum?" :money: I said no, I am aware of the law and I'll put it to you in writing if you like?

He said, "Don't bother, we'll just take you to court."

I said, "Ok, of course you are dear, bye bye."

Do you think that once they realise they can't locate cca (mbna card from 1998) they'll accept my f&f offer with £100 knocked off it?? :rotfl:

AMBERSHADOW

If they Don't produce your cca I would tell them to stuff it and not pay

Honeybee_2

It'll still show on my credit file though, won't it? (although it is shot to smithereens anyway)

If I did a f&f on the understanding that it is marked as fully satisfied on my file, wouldn't that be better?

AMBERSHADOW

I don't think it does they have to remove it all if they can't prove its your debt how can they leave on credit file? there is a template letter somewhere on here But I am not that good at locating.

And someone with more expertise will be along soon

AMBERSHADOW

I have the same with capital one they cant supply the cca so I wrote the letter iit's now written off and off the credit file too

GeorgeUK

If the debt is with a DCA, do you not already have a default on your credit file?

You could request a copy of the CCA while maintaining payments, then after they have not supplied it, state that you refuse them permission to pass your details on to a 3rd party (the CRA's) and that you require them to remove all your details from their database. They have a certain length of time to do this - can't remember how long now.

Usually, even with a F&F, the credit file displays partially settled rather than fully. It may be worth doing the CCA request then making another F&F offer if they cannot provide it and stating in the letter that even though the debt is unenforcable, you are offerring £xxx. Don't forget, some DCA's will accept 25%-50% settlement.

Honeybee_2

I've not checked my credit file, George. Plan is to get rid of debt, then look at it after a plentiful amount of alcohol to soften the blow.

Didn't know about them removing the details, that is interesting. Is there a template letter for that?

GeorgeUK

The trouble is they don't always remove the details - even when they should. If they don't have a copy of the CCA, then they cannot prove that you gave them permission to share your details with the CRA's. This is a breach of the Data Protection Act, but getting it enforced is difficult and these companies often ignore their responsibilities.

Here's an example
http://forums.moneysavingexpert.com/showthread.html?t=929431&page=3