Unenforceability & Template Letters II

deeply_debty

Hi,
I'm a Newbie and have a couple of questions but first would like to say how great job NID and others are doing for us.
I've just took my head out of the sand, opened my post and phoned the CCCS.
They're getting back to me on 30th Dec as i'm self employed and need a specialist. More details are for the othe forum I think but my questions are:
Would I need to wait and see the result of the test cases before I sent requests for CCA's and should I try to reclaim CC charges first or wait till further along the process?
I'd appreciate some advice.

never-in-doubt

deeply_debty wrote: »

Would I need to wait and see the result of the test cases before I sent requests for CCA's and should I try to reclaim CC charges first or wait till further along the process?
I'd appreciate some advice.

Hiya

1 - reclaim charges etc:

2 - send CCA requests

You always reclaim first as this can reduce the debt into more manageable amounts to repay. See full reclaim guide here: Reclaim Credit Card Charges

never-in-doubt

Pressers wrote: »

Anyway, we do now have a development and I'm unsure how to proceed - despite trawling carefully through the thread. I'm just paranoid about making a mistake!

Page 1 explains in detail - forget the rest, stick to page 1

Pressers wrote: »

I sent off the initial CCA request letter to all of our creditors on 2nd dec. Included in that trawl were 3 letters for 3 separate debts to Mercers who are handling the Barclaycard debts. None of the £1 cheques to them have been cashed but we received a letter from Barclaycard dated 8 Dec saying "under section 78 we must supply you with ... etc etc...

Yes, as part of the CCA request it does say:

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

This means that Mercers simply done what you told them! Some banks don't cash cheques.....

Pressers wrote: »

Please note a copy of your current Barclaycard Credit Agreement will be sent under separate cover." The next day we receive a 2nd letter enclosing a photocopy of the 1992 Barclaycard terms & conditions. Nothing else.

Yes, cos they won't have it - not from that long ago!

Pressers wrote: »

So, do I now send Template no. 3 or Template no. 4?

Neither! Look at page 1!

Ok, click here: 16. Various CCA Query Letter 'Variations'

And the middle letter called '- CCA Dispute - Terms & Conditions Supplied' is what you'd send!

Pressers wrote: »

Prior to us sending out CCA requests, we received 3 letters from Mercers relating to each debt stating that a default notice has been served. Because we had already received these notices before I sent out the CCA requests does that mean we have no case to persue and that we may as well face up to IVA or bankruptcy?

Nope - the defaults mean nothing, don't worry. The rest is false so won't go into it but suffice to say, carry on regardless.... ok?

Pressers wrote: »

We ceased all payments a while ago. So sorry to be so repetitive NID but my head is spinning and my husband and myself are at our wits end. Hope you can clarify things for me! Many thanks, Pressers.

Good, then you just wait til they reply and dependant on what they say - depends what letter you send them from page 1

Good Luck - Keep us updated

never-in-doubt

geordie2k9 wrote: »

Good Evening N-I-D,

Sorry to bother you again with this. I have given them a few more weeks to reply to me and still no joy. Ive checked my Call Credit file this morning and the default is still there so they haven't actioned anything, I would be really really grateful if you help me as to what the next step would be to try and get them to remove this?

Again thanks in advance for your help.

Hiya

This is that payday loan thing right? If I were you i'd be seeking legal advice or reporting them to the FOS (they will get a £500 fine for the privilege).....

You really need to take this further now - see here: our complaints procedure and how to complain

Usually you need a final response, but as they have ignored you and the time limit has passed, you should be ok to make a complaint..... you need to do this and push for resolution.

Pressers

Thank you so much NID. You are a knight in shining armour!

deeply_debty

Thanks NID, I owe £3900 to Barclaycard, £2075 to Capital One and £1095 to Natwest CC. All over their limit and charging £12 a month in defaults for the privilege.

First 2 go back to late 90's so I'll try reclaiming first. Then unenforceability and then I'll declare myself Bankrupt or a debt free wanabee or both.

I'm in awe of your wonderful advice :-)

never-in-doubt

DeBilde wrote: »

If I cease payments after 30 days when no valid CCA has been provided, what happens in the future if they do find my original request later on?

I thought you had ceased (24 late payments?)

But as things stand the law says if they find the agreement in the future they can start to enforce the debt. However the test case will provide a definitive answer for this so try and hold fire til mid jan ok, til judgement is issued as this is one of the key points and cases being argued.

So, in the current set-up, if they don't find the agreement and after 6 years since last payment then it would become Statute Barred so the most they can do is look for it for 6 years, if they don't send it now the chances are they don't have it anyway.

DeBilde wrote: »

Also if the did take me to court without providing the CCA what is the likely outcome, are they guarenteed to lose? Thanks

They will never take you to court, its usually us that sue them!

The worse they can do is issue a ccj in which case you can make offer to repay at say £10 per month or whatever. Not ideal but saves the CCJ being registered (only lasts for 6 years as well)

Basically, you need to wait til mid January for the test case result then you'll know more......

But non payment will simply result in defaults being issued.....:D

never-in-doubt

Pressers wrote: »

Thank you so much NID. You are a knight in shining armour!

Thank you

never-in-doubt

deeply_debty wrote: »

Thanks NID, I owe £3900 to Barclaycard, £2075 to Capital One and £1095 to Natwest CC. All over their limit and charging £12 a month in defaults for the privilege.

First 2 go back to late 90's so I'll try reclaiming first. Then unenforceability and then I'll declare myself Bankrupt or a debt free wanabee or both.

I'm in awe of your wonderful advice :-)

Pointless going bankrupt mate - reclaim first then come back and speak to me lol.... don't jump into anything and whatever you do, don't sign up to no payplan thing either! Not til this is all sorted (i.e. the reclaim of charges)......

One step at a time

hax_2

Hi NID

You said that if someone admits a debt to a DCA over the phone then the six year period starts again. Are you sure about this? I've always thought that only written acknowledgment counts, not verbal?