Can someone explain the CCA thing please?

MRS_A_3

Hello I am in need of a bit of help please.

I have read on these forums about CCA'ing your creditors but what does this actually achieve?

I am thinking of doing this with 2 catalogue accounts I have that are years old, the thing is if the don't have an agreement what do I do then?

Would this give me more leverage to negotiate a F&F with them or to reclaim all the £12 letters they sent me?

Could someone kindly explain to me please.

Thanks.

Tixy

If they cannot produce a legally enforceable agreement then it means that they cannot take you to court - or if they did you could defend it.
It therefore means that some people then decide to stop paying the creditor. But the creditor can still report to the credit reference agencies if you stop paying and chan chase you for payments.

It might give you more leverage to negotiate a reduced full & final settlement but could affect your credit rating at the same time.

Marisco

Hi Mrs A, can we have a bit of background please? Did you stop paying them, are you still using them, are they in default etc?

MRS_A_3

I haven't been able to pay them recently due to financial struggles and DH going down to SSP from £400 per week

If all that can happen is it will affect my CR then I don't think that's a worry since I'm already in trouble lol.

I haven't used them for 9 months now but I had stuff on buy now pay later.

I don't owe a lot - about £300 on each but with the £12 letters every month for both accounts it's getting ridiculous.

I thought there was a case recently about just because a co can't produce a CCA that it doesn't mean it's not enforcable or did I get that bit wrong?

Edit

I should have also said that I'm setting up a DMP with CCCS

Marisco

I've had no end of trouble with Shop Direct:mad: Catalogues are the pits!! What I'd do is write to them explaining your financial situation and ask for reduced payments, if they agree fine, if not ask for a CCA, they won't have one, especially if its as you say from years ago. I was disputing all the £12 they were putting on for late payments, and got fed up and asked for a CCA, they passed it on to a DCA. I then asked them for a CCA, they couldn't comply (as there isn't one!!) and passed it back to Shop Direct, and that - so far - is the last I heard! But even if they start writing again there is nothing they can do as they cannot produce a signed CCA, so I'll just ignore them!:)

MRS_A_3

Yes it is Shop Direct lol

So if I want to do a CCA request is it just a pound I send for this?

And if they can't produce a CCA then can I ask CCCS to take them out of my DMP?

It's going to take me 10 years as it is - oh dear.

Tixy

Hi

You need to follow the process shown on here
start with the CCA request then follow the flow charts - https://forums.moneysavingexpert.com/discussion/2532927

Locke

MRS_A wrote: »

Yes it is Shop Direct lol

So if I want to do a CCA request is it just a pound I send for this?

And if they can't produce a CCA then can I ask CCCS to take them out of my DMP?

It's going to take me 10 years as it is - oh dear.

Why don't you CCA everyone that's going on your DMP?

MRS_A_3

Good question, most of my creditors are quite recent and I know I owe them money and will work hard to pay them off.

The catalogues have been charging me £12 left right and centre for just sending me a computer generated letter even though I think I've been a good customer, and that's what they told me I was as well, so I don't have as much willingness to pay them as much as they're saying I owe.

Not sure that sounds right, but I know what I mean.

Marisco

What I did was carry on paying what was owed and when the original debt was paid (I kept a record in a notebook) minus the 12 quids, I stopped paying, and that is what they reckon is still owed. That is when I came on here and got some good advice from NID and sent the CCA letter out. As far as I'm concerned they can whistle for the 12 quids, which come to £130 something;)