CAA request updates / results part 2

never-in-doubt

Weekend_warrior wrote: »

Does anyone know if there will be an appeal to the Manchester test case?
also I wonder if the Judge had a vested interest in the case before his Judgement, perhaps he has shares in some d.c.a. group or Bank as I have always thought the Judiciary were very corrupt.
I have also noticed that since New Year I have had a few letters from Aktiv Kapital again chasing me for 3 seperate debts that last year they admitted the do not have the original c.c.a.'s for them, so I refused to pay them telling them the debt is unenforceable is this still true after the Manchester ruling.
I live in Scotland.

W.W.

Hiya,

Nothing has changed - no need to appeal (yet!)...... :rolleyes:

Have a read here, ignore the negative comments as they are incorrect, what Fermi, Blind-as-a-Bat & myself are saying is nearer to the truth.

Banks win partial High Court victory on credit cards

MSE News: High Court 'closes debt write-off loophole'

Suffice to say, nothing has changed - the process and law is the same as before the test case, so don't worry too much about what you're reading - the press don't quite understand unenforceability - evidently :rotfl:

badgerbread

never-in-doubt wrote: »

Go here: 16. Various CCA Query Letter 'Variations' The middle letter called " - CCA Dispute - Terms & Conditions Supplied;" is what you need to send them.

They cannot give you 48 hours and there is little more they can do.... if they sell it, the moment the DCA writes you come back and we'll sort a letter to send them

Do not ring though - noooooo :D

I have today recieved a letter from Calder Financial basically threatening me with court action/bailiffs what do I do now I have tried to understand everything about the court cases but I may be a bit dim and I am struggling to understand. Is it a case of now we have to pay? I think though Calder Financial is the same as Mercers as it says at the bottom of the page Mercers trading as Calder Financial don't know if that makes any difference
thanks

never-in-doubt

badgerbread wrote: »

I have today recieved a letter from Calder Financial basically threatening me with court action/bailiffs what do I do now I have tried to understand everything about the court cases but I may be a bit dim and I am struggling to understand. Is it a case of now we have to pay? I think though Calder Financial is the same as Mercers as it says at the bottom of the page Mercers trading as Calder Financial don't know if that makes any difference
thanks

They cannot take any action whilst an account is in dispute so don't worry - send a copy of the same letter to whoever is writing to you and advise them the account is in dispute and find attached a copy of your letter to the original creditor (i.e. the CCA request/query letter).

The court case means nothing - its in black and white above (read the threads!)....

Rich_F_2

Hello all,

I posted here before Christmas regarding an Egg credit card debt that had been bought by Apex. Following advice I CCA'd them , to which they did not respond. I duly sent the 12+2 reminder and have recieved a letter from Apex this morning. Their response is very polite and apologetic for the delay. It says that the account has been referred to Egg, who have advised Apex that they have a backlog or these requests (small wonder!), and will provide the documents as soon as they can.


I've not paid a penny to Apex since they took over the debt. They have given up calling my mobile after I sent them the second letter. I'm hoping that their inability to provide a valid CCA will soften them up for a settlement payment.

Should I now send the CCA dispute/Section 10 request letter?

evilcartman

never-in-doubt wrote: »

2. CCA Reminder

OK, I am now about to send the CCA reminder letter. At the moment, the credit card company are still taking the 'minimum payment' by direct debit. However, if I put a stop on their direct debit (and consequently cease to make any further payments), do they still have the ability to issue a default notice and inform credit reference agencies? I want to avoid getting adverse credit ratings, so I'm prepared to continue making the minimum payment for the time being if I have to. I just want to be sure of when it's safe to stop paying altogether without screwing up my credit rating.

DeBilde

evilcartman wrote: »

OK, I am now about to send the CCA reminder letter. At the moment, the credit card company are still taking the 'minimum payment' by direct debit. However, if I put a stop on their direct debit (and consequently cease to make any further payments), do they still have the ability to issue a default notice and inform credit reference agencies? I want to avoid getting adverse credit ratings, so I'm prepared to continue making the minimum payment for the time being if I have to. I just want to be sure of when it's safe to stop paying altogether without screwing up my credit rating.

What is you aim for a CCA request?

If it is to avoid paying the debt then unfortunately a Default will definately be lodged against the account.

If you just want to see if they have a valid CCA then maybe a SAR is more appropriate.

evilcartman

DeBilde wrote: »

What is you aim for a CCA request?

If it is to avoid paying the debt then unfortunately a Default will definately be lodged against the account.

If you just want to see if they have a valid CCA then maybe a SAR is more appropriate.

Sorry, what's a SAR?

never-in-doubt

evilcartman wrote: »

OK, I am now about to send the CCA reminder letter. At the moment, the credit card company are still taking the 'minimum payment' by direct debit. However, if I put a stop on their direct debit (and consequently cease to make any further payments), do they still have the ability to issue a default notice and inform credit reference agencies? I want to avoid getting adverse credit ratings, so I'm prepared to continue making the minimum payment for the time being if I have to. I just want to be sure of when it's safe to stop paying altogether without screwing up my credit rating.

No! If you cease repayments it will definitely affect your credit rating - a CCA should only be done as a last resort if you're up the creek without a paddle, so to speak!

If you're not in arrears then doing this would be utterly silly. You'll find they will now drop your limit and want rid of you as a customer if you've sent a CCA request - after all, it suggests you're going to avoid repaying.

Big mistake!

DeBilde wrote: »

What is you aim for a CCA request?

If it is to avoid paying the debt then unfortunately a Default will definately be lodged against the account.

If you just want to see if they have a valid CCA then maybe a SAR is more appropriate.

I agree, I don't see why he has went for a CCA - evidently with a decent credit rating there seems no logic here other than following the bandwagon, so to speak!

A SAR is irrelevant, many CCA's are omitted from a SAR as because it is DPA (i.e. in relation to the ICO) the lenders know that no punishment can be handed down so they just do what they want.

A SAR is a waste of £10 especially when considering CCA as its better to send the £1 and do a s.78 request, instead.

evilcartman wrote: »

Sorry, what's a SAR?

A Subject Access request! Read about it here: http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx

The Template you'd send is here: 12. SAR Request

never-in-doubt

Rich_F wrote: »

I've not paid a penny to Apex since they took over the debt. They have given up calling my mobile after I sent them the second letter. I'm hoping that their inability to provide a valid CCA will soften them up for a settlement payment.

Should I now send the CCA dispute/Section 10 request letter?

Hiya

No - you do nothing and await their response from Egg with a lawful CCA. If they provide one then you carry on paying, if they don't then you continue to cease repayments and they cannot enforce the debt!

Why do you want a settlement payment? If it is indeed unenforceable then you do not have to make any payment...

evilcartman

never-in-doubt wrote: »

No! If you cease repayments it will definitely affect your credit rating - a CCA should only be done as a last resort if you're up the creek without a paddle, so to speak!

If you're not in arrears then doing this would be utterly silly. You'll find they will now drop your limit and want rid of you as a customer if you've sent a CCA request - after all, it suggests you're going to avoid repaying.

Big mistake!

Thanks NID, but I'm even more confused now.

The Section 77/78 request has already been sent and the time limit for them to respond has expired.

I lost my job a couple of months ago, there is a debt of about 8k on the card and I can't afford the £180+ monthly minimum repayments that are being taken out.

So although I do have an excellent credit rating at the moment, I can't maintain it. I thought I was doing the right thing by making a S77/78 request. I just want to be debt-free and I'm keeping up payments that I can't afford as I thought this could be done without messing up my credit rating. But if you're saying that this is impossible, then I might as well stop making the payments anyway.

How will sending an SAR be better for me?