"Write Off" your debt companies

GeorgeUK

The government was so concerned with these companies that they are regulated by the ministry of justice.

Basically what they do is request copies of your credit agreement for creditcards and loans to see if the company has them and to see if they have the prescribed terms which would make them legally enforcable.

We have template letters on the board for requesting the CCA's. You need to send payment with these though (£1)

You're far better to do it yourself rather than going to one of these companies. They don't seem to do alot of work and most will require payment up front before you even know if you will get anything back.
http://forums.moneysavingexpert.com/showthread.html?t=1160673

Note however that this is not a silver bullet - just because they don't have a copy of the CCA does not mean they may not try to take this to court. You will need to argue the legalities of it. There is a CCA update thread somewhere that has more detail in it.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

peterbancroft

If somone can show me the thread, or the process of trying to do this that would be great!

RAS

This needs a bump as people are still being taken for a ride.

GirlRacer_2

Does this also apply to Mobile Phone contracts?

RAS

GirlRacer wrote: »

Does this also apply to Mobile Phone contracts?

The CCA does not apply to mobile phone contracts as a rule.

GirlRacer_2

Thanks RAS

GirlRacer_2

Am trying to help my sister with her debts. She has a catalogue debt with Next Directory, she opened the account in April 2006. So what your saying is that she can write to Next and ask them for a copy of her CCA. If they cannot produce one then she doesn't have to pay. Have I got that right? Does it matter that Next know she's having money problems and have agreed to her paying £5 per month off her £1082 debt?

RAS

GR

You have got it.

She needs to be aware that althought the debt becomes unenforceable in the courts, if she does not already have a default, Next would be entitled to put one on her credit record if she stops paying.

Also if the account was opened on-line after a specific date (cant remember at the mo), then a signature is not needed, just a tick box to verify acceptance.

GirlRacer_2

RAS she has defaults from everybody so one more wouldn't make a difference, it would just wipe out nearly £1100 of her debt.

I think I'm going to give it a go, see what happens.

Thanks for the advice. Is it just for catalogues and credit cards. or can it be usedfor loans that have been passed to a DCA?

RAS

Catalogues, loans and credit cards are covered, irrespective of who is collecting.

If the DCa tell you they are not legally responsible because they are not the original creditor they are talking out of their rear ends. If they want to collect the debt they have to have the CCA for debts taken out prior to April 2007. Hunt for posts by kels123 and warrencarr.

Phones, and bank accounts are not covered.