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Confused about CCAs

I've read loads of about requesting CCAs for credit card debt - mainly when a debt is dispute.

Is it worth requesting a CCA even if the debt isn't in dispute? The information I have read varies considerably leaving me really confused as to whether it is worth the hassle of requesting.

My husband had his debt passed to Debitas (a name I frequently see on these forums) - he doesn't dispute the debt just the general behavior of Debitas. Even though he has cooperated with them they are proving to be next to impossible to work with. He is sending a letter of complaint to Capital One which also requests all arrangements made be put in writing.

I have seen it suggested that if they can't provide the CCA it can be used as a negotiating tool to improve the way a DCA handles the default. I was wondering if there was any truth in this.

I must stress that my husband is not trying to find a way out of paying the debt he just wants to come to a reasonable 'payment plan' without Debitas making up the rules as they go along - any advice would be appreciated.

Comments

  • RAS
    RAS Posts: 33,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Definitely time to do a CCA. If one is not available, then payment is optional and he has a lot of bargaining power.
    What year is this?
    The person who has not made a mistake, has made nothing
  • Wickken
    Wickken Posts: 53 Forumite
    sorry if I'm being a bit dense - do you mean what year the debt is from?
  • Wickken
    Wickken Posts: 53 Forumite
    Debitas are becoming persistent - they are calling pushing for additional payments despite the fact my husband has made an arrangement to contact them in a couple of weeks. Last night I took a call from them and said he wouldn't discuss it further until then - the Debitas agent kept trying to talk over me to a point I told him to shut up (twice) until I had finished talking -much to my husband's amusement. Strangely the word 'harassment' seem to stun him into silence.

    This has now spurred my husband into sending a CCA request letter.

    I have read on the forums that Debitas/Capital One send what is essentially an application form and try to pass it off as a legitimate CCA.

    What does a real one look like? How do tell if it's not legit? Can anyone offer any advice as to what to do in this situation?
  • Blackruby
    Blackruby Posts: 833 Forumite
    When you get what they send you, best thing to do is scan it, remove your identifying info and post it here, then one of the clued up people can tell you if it is a legitimate one. Even if they do provide you with a legitimate one, it's against the law for them to pressurise you into paying more than you can afford and to use threatening behaviour and scare tactics.
    Not an expert, but I try and contribute and I'll always listen. Middle child of middle child parents. I drink way too much coffee.

    Debt Free Date: March 2013
  • Wickken
    Wickken Posts: 53 Forumite
    Ok, thanks. Much appreciated.

    Wish I'd discovered this site earlier - could've saved so much stress!!
  • Blackruby
    Blackruby Posts: 833 Forumite
    Heh, well now you have, you've got the backing of years of experience and lots of support. So you'll be fine.
    Not an expert, but I try and contribute and I'll always listen. Middle child of middle child parents. I drink way too much coffee.

    Debt Free Date: March 2013
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