Default notice and CCA request

whitefuschia

I had trouble paying a credit card mid 2010 so I sent them a request for reduced payment along with the payment. The didn't reply to my letter but did accept the payment. I continued to make the reduced payments and sent a CCA request (the one on the CCA thread on here) to them in December of 2010. This too was ignored. I sent the second CCA request last week and today received a default notice in the post (I imagine my letter to them crossed in the post). They have not defaulted me yet but will do so in March if payment is not made.

What should my next step be? Should I try and negotiate payments to stop the default or should I continue down the CCA route. TBH I'm resigned to the default. The interest on the account is extortinate and the full monthly payment was being swallowed up by it so nothing was being paid off the actual debt.

whitefuschia

The card mentioned above is an Egg card. There's a possibilty that I could offer to make a f&f settlement within the next few months - has anyone tried this with Egg and what is the % they will usually accept? Or should I wait for it to go to a debt collection agency?

whitefuschia

Am giving this a bump - my baby is due very soon and really want to get the next stage of my debt under control before she gets here

thechippy

What's the debt amount and who is the creditor?


Edit.

Oops, just noticed it's Egg

whitefuschia

The amount is £12k.

thechippy

Ok,

They have failed to comply with your cca request.

I would send an account in dispute letter as they have not complied and cease ANY payment until such time as they do.

TBH - if your monthly payment is not reducing the debt, it's a pointless exercise anyway.

Stopping payment will spring them into action and we can go from there.

I'd not worry about the default. Paying reduced payments knackers your file just as much. The default will drop of in 6 years.

thechippy

Send them this...


Account in Dispute - Section 10 Notice
Dear Sirs,

Account No:

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully




Sign digitally

whitefuschia

What happens after they default the file? From everything I've read on here I gather it goes to a DCA - what's the process from there (negotiate payments, f&f, etc)?

thechippy

Nope,

Don't pay the dca 1p all the time the account is in dispute.

If it goes to a dca, then I'll give you another letter to send.

They have a legal obligation to comply with your request and until such time as they do, then quite frankly I'd tell them to go and make the proverbial sexual move with a quack quack and send them nothing...;)

whitefuschia

Thanks Chippy, I'll get that sent.

thechippy

No problemo.

Let us know how it goes.....:beer: