CAA request updates / results part 2

never-in-doubt

badgerbread wrote: »

the account is in arrears as I have had a lot of money problems (but I am trying to sort these out) the thing is I don't actually mind paying them but they keep putting all these charges on and this is not helpful I have tried negotiating with them about this but they don't want to know. I have only sent them the one letter requesting the cca I used a template that I found on this site. should I put the account into dispute?

If you put it into dispute you should not be paying them.

Read here to learn the process etc involved in claiming unenforceability.... Unenforceability & Template Letters II

I cannot, however, advise you to ruin your credit file for one debt. Obviously if you don't care then you simply send the account in dispute letter on page 1 of the above link....

never-in-doubt

MS_Dolphin wrote: »

Hi,

I've just spoken to Credit Solutions re' a Barclaycard account (I know, stick to written correspondence) and said, "the account is in dispute....."

Their response was that I should confirm in writing to them the dispute. Should I do this? CSL are now the FIFTH different company after Barclaycard that have contacted me about the account. Should I send a CCA request to each of them?

I'm also now confused as to the ownership of the account - they will typically refer to Barclaycard as 'our client', but IF which is not currently the plan, it ever gets to the stage of F&F I will need to know who exactly has the right to accept any payment and write off the remainder - any ideas appreciated?

You contact the account owner, as you are dealing with Barclaycard you should send the other firms a letter just saying that you're dealing with the OC and then ignore them from then on.

Have a read here: Unenforceability & Template Letters II

stapeley

In many cases one creditor will be more aggressive than another. Faced with the realisation that even if they take the SD route, they would not get there money back. And filling for bankruptcy would cost them, I pointout that they are not first inline and also 30% of nothing is sweet

---

all .

Rich_F_2

Hi there. 1st post.


Sorry if I'm posting this in the wrong place, I've had a letter to say that Apex have aquired my debt from Egg (about £2500) and want to discuss repayment. I previously had a standing order with Egg and all was fine - no interest/charges.

I'm keen to clear the debt as I'd like to clean up my credit rating. (have another two agreements with lenders totalling about £7k from when I was young and foolish). Am I right in thinking that successfull CCAing will mean that the debt/default still stays on my credit rating? Is it a worthwhile path to take? If successfull would I be in a better position to make a settlement offer to Apex? I'm guessing that they bought the debt for a pittance?

Sorry for all the questions and pardon me if I've posted in the wrong place.

rog2

Rich_F wrote: »

Am I right in thinking that successfull CCAing will mean that the debt/default still stays on my credit rating?
Is it a worthwhile path to take?
If successfull would I be in a better position to make a settlement offer to Apex? I'm guessing that they bought the debt for a pittance?

1. If a debt is proven to be 'legally unenforceable' by virtue of the fact that a creditor, or dca, fails to provide a debtor with a true, and compliant, copy of the original executed Consumer Credit Agreement, within 12 working days of receipt of the request for same, by the debtor, then that debtor is entitled to demand that the creditor/dca removes any default that they have entered on the debtor's credit reference file. Whilst they remain 'in default' the creditor, or dca, is not entitled to make any further default entries.
2. It is the legal right of any debtor to request a true copy of the original cca, and account details, at any time. It is, also, the legal obligation of any creditor, or dca who is pursuing the debt, to provide that information within 12 days of receipt of the request, and £1 Statutory Fee. It is, therefore, always a worthwhile path to take.
3. If Apex can NOT provide you with the legally required documentation this will, indeed, put you, as the 'debtor' in the driving seat. You have, then, several options including NOT paying anything more towards the debt. Certainly nobody here would say that the debt 'no longer exists' but it IS 'legally unenforceable' so, to quote Big Brother 'You Decide'. As it is a dca who is chasing you for payment, I would be inclined to ask for copies of any 'Note of Assignment' to prove that they legally own the debt. If they do, then a 'Full and Final Settlement Offer' is, certainly, one way of gaining full 'closure' on the debt.

If you do decide to go down the F&F route, you should, firstly, read the National Debtline factsheet on 'Full and Final Settlement Offers':

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Remember, also, the following points:

• Your first offer should be less than you can afford, as it will, almost inevitably, be rejected. It is easier to negotiate up, rather than down.
• Do NOT make ANY payments to APEX until they have confirmed, in writing, that your offer will be accepted in "Full and Final Settlement"(Accept NO other wording) of the account, and that NO-ONE will pursue you, in the future, regarding this account.
• You should ask (demand) that any 'defaults' arte either removed from your crf - or marked as 'Satisfied' or 'Fully Satisfied'. Do NOT allow them to mark it as 'Partially Satisfied'.

never-in-doubt

rog2 wrote: »

1. Do NOT make ANY payments to APEX until they have confirmed, in writing, that your offer will be accepted in "Full and Final Settlement"(Accept NO other wording) of the account, and that NO-ONE will pursue you, in the future, regarding this account.

• You should ask (demand) that any 'defaults' arte either removed from your crf - or marked as 'Satisfied' or 'Fully Satisfied'. Do NOT allow them to mark it as 'Partially Satisfied'.

Good advice as usual Rog

This letter contains extra wording suggested in your quote: 8. Default Removal - Offer of F&F Settlement

To confirm, I am more than happy to settle as much as X% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return. Failure to agree will result in more formal papers being sent, by return.

Rich_F_2

Thanks to you both for taking the time to reply. :beer:

Should my first course of action be to obtain a copy of the 'Note of Assignment', and am I able to request this over the phone or should it be in writing?

Assuming that they can provide this then I will go down the CCA route and see what happens.

It was never my plan to try to avoid paying the debt but the current turn of events has wound me up slightly.

Thanks again for your advice.

never-in-doubt

Rich_F wrote: »

Thanks to you both for taking the time to reply. :beer:

Should my first course of action be to obtain a copy of the 'Note of Assignment', and am I able to request this over the phone or should it be in writing?

Assuming that they can provide this then I will go down the CCA route and see what happens.

It was never my plan to try to avoid paying the debt but the current turn of events has wound me up slightly.

Thanks again for your advice.

You just go straight in for the CCA which should include any Notice of Assignment (NoA).... But that isn't imperative, all that does is put things on hold (i.e. if the bank sold the debt and added a default this would break NoA but then they would remove the default and the DCA would add it - think of a stalling method).....

Basically go direct - CCA 'em

natters_2

Apex will tell you, you have to deal directly with the OC and it is not their responsibility to provide it - they will also say they are acting as an agent for the oc - I told one of their people today that the debt they are chasing me for is in dispute due to no CCA and I don't have to deal with them at all - they are however very thick skinned and will swear blind you don't know what your talking about.

never-in-doubt

natters wrote: »

Apex will tell you, you have to deal directly with the OC and it is not their responsibility to provide it - they will also say they are acting as an agent for the oc - I told one of their people today that the debt they are chasing me for is in dispute due to no CCA and I don't have to deal with them at all - they are however very thick skinned and will swear blind you don't know what your talking about.

If you're making payments to Apex then they will be responsible for providing the CCA or then you would pursue the lines of Assignment to catch them out for something unlawful (i.e. if they added the default but they haven't properly been assigned the debt)...

To be honest, it doesn't really matter who the request goes to - so long as they send it back or confirm they don't have it. Although they should, on the requesters behalf, send the request to the OC (but they rarely do)