Urgent help re CCA Requests etc.

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Hi, I've been reading these forums over the last few days and looking back over credit account documents (I keep everything).

There are some copies of signed CCAs but even so most of these accounts are a few years old and have long since been closed and sold/passed to various DCAs. It seems likely that at least my MBNA account from the early 90s and some of the others will not be able to produce a copy however I expect one or two may come back with legitimate signed agreements.

This, and the fact that I cannot afford to pay even a 3rd of the debts if full settlement is demanded has held me back from posting CCA requests. I'm worried it may ruin any chance of continuing the arrangements if they do manage to produce a signed agreement, I simply don't have the money to pay lump sums. However these perceived risks are fast becoming moot as I'm now on arrangements for Mortgage, Utility and Council Tax arrears and generally getting the feeling options/money are fast running out. I would rather have numerous CCJs than lose my house so some harsher prioritising of finances has to happen soon or a massive reduction in outstanding debt somehow.

Currently I have 7 old credit/store card debts, the cards were cut up/last used 2-3yrs ago but still stand at c£75k total.

I've committed to arrangements and generally kept to them but it's been an enormous strain on finances and my relationship, especially with the numerous daily calls and the dreaded post. I've been able to keep the DCAs at bay and get them to stop interest & charges on most accounts but it takes an enormous amount of juggling and attention to keep on top, one miss-step and they start adding interest (in once case £240+ per mth).
The main problems are with 1st Credit(old CITI acct), ARC (old EGG acct) and MBNA all of whom have recently stepped up the calls (particularly Worst Credit & ARC).

It seems the CCA request is worthwhile doing, even if I'm only successful with one, but I'm concerned about the possible downside/repercussions of a failed attempt.

In particular when Credit Co's/DCAs are faced with a CCA request can they say that as I've been speaking with them and making payments I have admitted liability (even if they can't supply the agreement?). What constitutes admitting the debt?

Equally if somehow they manage to produce a credible signed agreement within the 14 or 30 days allowed, is it likely that they will take my request as an attempt to avoid the debt and withdraw the payment arrangement option or do I still have the right to continue paying by arrangement?

I can't afford to be stuck with a demand for immediate settlement lump sums or risk charges on property so if I demand the CCA have I blown any chance at an amicable repayment solution?

Similar question in mind relating to any possible credit card charge reclaim, seems a good idea unless there' a real risk they will demand the entire amount (banks have apparently closed accounts demanding immediate settlement)?

Would really appreciate any advice on this as very tentative situation at the moment, couple of c£400+ demands by end of next week and money dried up. Ideally would like to get letters to them by Monday/Tuesday meaning posting tomorrow morning latest but won't if risk of it backfiring on me.

Cheers in advance.

Comments

  • druss
    druss Posts: 70 Forumite
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    Legally you are entitled to ask for a copy of your credit agreement, at an early stage this is the only thing you are doing.

    You are not making a complaint your just asking for a copy document to which they are legally obliged to give you.

    If they cant supply it then you can take it a step further if you wish to.
    I am a Mortgage Adviser .You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • CreditCrunchee
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    Thanks Druss,
    So even if they provide a CCA and essentially prove my liability they can't use my request as a reason to close down communication and become inflexible?

    In the ideal world I want to bang these out to everybody first thing tomorrow but I'm worried that I may in one fell heavy-handed swoop destroy any relationship I may have with them (hanging by a thread in some cases).

    On the other hand these are all accounts with cards withdrawn 2-3+ years ago, I've been paying on arrangement for the last year but still pay interest on some (£240pmth on one) so in my view I they've definitely had their money back from me many times over and I need to get out of this 'slow-death'.

    It's crossed my mind that most of these cards have changed hands a number of times with different DCAs or still with the original credit company from years ago.
    Would you say that makes it more likely they would not be able to find the original signed agreements or is that just wishful thinking?
    My MBNA acct was originally late 80s/early 90s, has been paid off twice and had various changes of account number so good candidate for CCA request?


    BTW I've seen some letters requesting refunds when no CCA is supplied within the prescribed 40 days. Is this pushing it too far/asking for trouble or would you say there's a legitimate claim / realistic chance of being paid?
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