Have been making token payments - can I still ask for CCA?

Lloyds_Dad

Hi first post here and apologies if this is covered elsewhere basically..

Have been making an agreed monthly payment of £ 1.00 per month for 3 months to Halifax which expired 3 weeks ago. I today received a letter of intended litigation from Moorcroft for a full payment. I called them in response to the letter and have told them that I cannot afford to pay anything at the moment and have agreed to speak to them in a couple of days (I am trying to buy some time to seek advise)

I have also received something similar from Triton for Mint however I have sent them (as I also did with Halifax) a summary of my expenditure and total debt and I am awaiting their reply.

My question is surely if I have been making token payments to both accounts and have written to them both stating account numbers and my address then I am accepting ownership of the debt and would requesting an original CCA help me in anyway.

Although I accept I got myself into this mess is the only option really for me to haggle for a reduced F&FS.

Many thanks in advance for your help

fermi

***** Bump due to moving post into it's own thread. *****

fermi

You still have a legal right to ask for a CCA.

When did you first take out these debts?

If that is before April 2007, then there is a chance that any CCA (and therefore the debt) is unenforceable via the courts. That is not effected by any payment/acknowledgement you may have made.

So it could be worth checking out. At the very least if you discover that the debts are not enforceable through the courts, then that could put you in a stronger position to negotiate a F&F.

NY1449

can someone explain why a debt taken out before April 2007 may not be enforcable?

rog2

NY1449 wrote: »

can someone explain why a debt taken out before April 2007 may not be enforcable?

It doesn't only apply to debts taken out before 2007, NY. All Consumer Credit debts are, or should be compliant with the terms of the Consumer Credit Act, 1974. There were some exceptions, notably on credit agreements above £25k, which were, but no longer are, unregulated.
In 2007, the Act was amended to encompass such anomalies as were created by things like 'on-line' agreements and some 'catalogue agreements', but, basically, the assumption that all credit agreements taken out 'pre April 2007' are flawed, and, therefore, unenforceable, should be taken 'with a pinch of salt'. Many are, indeed, flawed - but not all - and the 'debt management companies' who make this claim are, themselves, often sailing pretty close to the wind.

Lloyds_Dad

Many thanks for your kind advice I suppose if I am not sure of the date of the agreement then requesting the original CCA would confirm this and put my account into dispute.

Should I in the meantime stop any token payments being made ?

fermi

I would keep making the token payments for now, especially since you are unsure of the date.

If/when you get a response for the CCA request (or a blatant lack of one) then you can reconsider your position with regard to payments.

rog2

Lloyds_Dad wrote: »

Should I in the meantime stop any token payments being made ?

Totally agree with Fermi, LD - keep making the token payments until either they provide a compliant copy of the original, executed cca (which should confirm any aspect of the agreement to which you disagree, or until they are unable to provide you with the cca (in which case the agreement becomes unenforceable through the courts).

stapeley

You should also request a Notice of Assignment from anyone asking for payment . Could be the original company have sold a debt , these parasites have to prove they have a right to collect the debt .

bankkiller

get the cca request and the SAR request to your bank for all the statements on your account straight away.
thats what I did.
I only just got back my cca.
still checking to see if its enforceable or not.

Lloyds_Dad

Once again thank to you all for your assistance I have had a quick look this evening at the statements I have and I know that I do have some pre April 2007 credit cards which I am paying an agreed amount without too much pressure (MBNA).

The Halifax card I have is April 2008 so I am feeling that I should request the CCA to see what I get back any way.

Lets assume I receive back original CCAs for pre April 2007 what do I do next. If I dont receive a reply within the stated dates do I sit back and wait ?

Thank you to all that have replied to me :A