Help with Credit agreement requests please :)

indebt_09

Hi there

I am a little confused ... (doesn't take much!)

Here's the scenario:

I split up with my ex over a year ago, and we were in about 8k debt :eek: As I didnt want to have to take responsibility for it all on my own, I thought I would phone the creditors and ask them to split half an half or see what they could do etc. Anyway, I called MCS (HSBC) first. they said "sorry, we only have your name on the account", I responded with "but we both signed the credit agreement?" "Sorry we don't have a copy of the credit agreement..." "Right, so you are chasing me for a debt you cannot prove I owe!?" "As I said, we dont have a copy of the credit agreement...." So I called HSBC themselves, and they said "we dont have anything to do with your account anymore, we passed it on..." so I thought right, I will send the CA requests to all of my creditors (after reading this forum - thanks guuys!! )

I sent to:

Capital one - they sent me a copy back so fair dos to them

Virgin - I received a letter saying they acknowledge and will come back to me, but I could i send them £1? I did send them the £1 but since have heard nothing. I keep getting statements from them. I have sent them the second and third letters to follow up, but I have not heard anything. What should I do now? Surely they need to say to me - we wont chase you anymore? I owe £2850

Great Universal - Wrote back saying they cannot find it, and will not pursue the debt anymore :j

MCS - First wrote back asking for a copy of my signiture, which I wouldnt send, have sent the second and third letters, and am yet to receive anything... Again, should i be following this up? I would like it closed off if possible?

I appreciate all of your comments and your help :staradmin:smiley::starmod:

DarkConvict

Remember if they have no CCA, they can still apply late payment markers/Defaults and continue to ask you for the money, including issuing it to a DCA to attempt to collect. No CCA only prevents them taking out a CCJ for the debt. Once a debt has been unpaid for 6 years would it go statute barred and then they have to stop chasing you under the justice act.

If you stop paying you will get defaults, no question about it, you owe the money. So doing this means you won't be able to get credit or may find it difficult to get credit cards/loans/renting (which require credit checks)/mortgages/phones/insurance etc.

If you are adament over doing it, then after the 30+14 days has passed, send the dispute letters, checkout the flowcharts - http://forums.moneysavingexpert.com/showthread.html?t=2305463

indebt_09

Darkconvict - thank you for your reply.

I have sent the letter you suggested, is there a next step?

I am aware that I will have defaults etc, I am afraid I have loads so I dont think I will be getting anywhere anyway even if I prevent any further ones. Also, I live in Spain so am trying to build a good credit report here

Thanks fir your help

DarkConvict

If you live in Spain they cannot chase you or affect your credit file, only the UK, Canada and Germy have agreements to chase debts in each other territories.

If you plan on been there for 6 years the debts will go statute barred unless they get a CCJ against them.

Firstly, keep a copy of all letters sent and a copy of all letters received, hold onto them for atleast 6 years. And yes do follow them up,
send cca
send cca 14 day remainder
send cca 14+30 day dispute

Letters,

Capital one - They sent a valid CCA, nothing you can do

Virgin - If 14 days have passed send this reminder
If 14 + 30 days has passed send this in dispute template

Great Universal - No need to continue

MCS - They do not need a signature - Template
If 14 days have passed send this reminder
If 14 + 30 days has passed send this in dispute template

If they send a CCA that is missing the required terms, then send the query letter - http://forums.moneysavingexpert.com/showpost.html?p=30356019&postcount=10
Follow on with sending the 14 day and 14+30 day letters if applicable.

If after 14+30 days and the account is in dispute.
Here are 2 further templates
1 - http://forums.moneysavingexpert.com/showpost.html?p=30356491&postcount=30
2 - http://forums.moneysavingexpert.com/showpost.html?p=30356471&postcount=29

indebt_09

That's a massive help thank you very much!

Well, I did have an argument with my conscience to see whether or not I should just abandon them altogether and wait the 6 years.... obviously I did the right thing!!

Thanks