What will happen next ??

chinawhite_2

Hi
have been posting for advice on another thread but seems to be busy so wondered if anyone could help out.

I sent CCA requests to EGG, MBNA, and Abbey - got one back from egg which im not sure about but am just leaving for the mo, havnt had anything at all from mbna and abbey (which is issued by mbna anyway). have scanned through other threads and am going to send the 12 + 2 lettter but can anyone tell me what to expect from them after I send this out ???????

Do i cancel the direct debit when I send the letter or do i wait for their reply ??? and will they just pass it to a DCA - any advice would be appreciated as I am trying to get this sorted so I know who to prioritise in my DMP.

Many Thanks

Jesthar

Hi china,

I'm not the expert on this, but if you haven't received a valid copy of the CCA within 12+2 working days, then the account is 'in dispute' and cannot be collected on until they do find the original CCA AND go to court to get the debt re-opened.

So send the 12+2 (recorded delivery, don't sign it) to those who have not supplpied anythign withint 12+2 working days, and you can then stop your payments to them without waiting for a response. The one you did receive somethign for keep paying for now, but if you can scan in what you have received from them, once you have blanked out personal details electronically you can post it up in the CCA Request thread - someone there will be able to tell you whether or not it is a valid CCA.

~Jes

costapkt

If you have not received a CCA within the 12 + 2 timespan you can stop any payments until one is produced. ( A CCA can be produced any time after the fourteen days and the firm can ask for payments to restart )

You can send an account in dispute letter if no CCA is provided.
My experience with MBNA ( Abbey ) is that some of their so called CCAs can be a bit sus. Mine was legit though. They did not put mine into a DCAs hands for 12 months. During this time you will get the usual letters and phone calls, they did offer me a discount if I could fully settle the account. Eventually they did pass it on to a DCA, one of their own. The only advantage was that the interest stopped then.

Have read that some Egg CCAs are not enforcable due to certain wording being missed off.

chinawhite_2

Hi

thanks so much for your replies !! I did post the egg cca on the cca thread but so far no-one has commented so am just going to put that on my DMP list -

costapkt - were you paying MBNA reduced payments or nothing at all during the 12 months ?

i have received nothing from either of my requests to them so i will go ahead and send the 12 +2 and once it is sent then i will cancel my DD's - If they then come back with something I will add them to the list of other creditors on my DMP - it's all a bit scary really because I have always payed on time before but life sucks sometimes and I now have no choice but to go down this route !!!!!!!!!!
thanks for the advice CW

chinawhite_2

:eek:oooops *paid* - my spelling ability is obviously suffering with the stress !!!!!!:D

RAS

chinawhite

Have you already defaulted on these debts? If not, and you stop paying, the creditor is leggaly able to record a default. They cannot however take any legal action against you as long as you defend the case (on the grounds that there is no CCA).

If the default is already registered, there is nothing else they can do, as long as you defend any legal action. It is then for you to decide if you want to pay and how much.

chinawhite_2

Hi
no have not defaulted yet - I thought that they couldnt record a default or put anything on my credit file if they were unable to produce any CCA when requested as the account was in dispute - If ive got this wrong then please do let me know - although, this is probably a mute point as even if they had produced a CCA I am going to be entering into a debt plan shortly anyway so presumably would have had a default recorded from this ??

Sorry if I sound confused but thats because I am !!!!!!!!!!!!!! Im not really au fait with any of this and am trying to get as much info as possible !

Thanks

Jesthar

Hi China,

Ah, apologies for any confusion, I thought you must have already defaulted. Go with any advice RAS can offer on this one, he's much better with these kind of things than I am.

~Jes

GeorgeUK

CW, you're correct on all points.

If they do not have your permission to pass on your data to a 3rd party, which they would get by having you sign a CCA, then they shouldn't pass on your data if they don't have proof of this permission - even to a credit reference agency. Unfortunately alot of them do this anyway. Even after you have withdrawn your permission under s.10 of the DPA.

If you are going into a DMP, there is a good chance that you wil get defaults anyway. Although you are making payments, they aren't the originally agreed payments so you are in default of the agreement.