CCA Questions

whitefuschia

I've got two CCs (Egg and Abbey) that I have been unable to pay because of the huge interest payments. I have sent the following letters to both:

A letter asking for reduced payments and freeze of interest for 6 months - I did not receive a reply to this letter.

The first CCA request letter from this forum - no reply received.

The follow up CCA letter - again, no reply received.

What do I do next? Do I continue to pay the small monthly amount and just keep sending letter until they answer me?

It's now more than 6 months since the original letter was sent.

fermi

Are these your only large debts?

Did they freeze interest/charges at all?

Have they formally defaulted you on the accounts yet?

Are they with or been sold to debt collectors?

What were you trying to achieve by sending the CCA request exactly?

Are you likely to be in a position to pay these back in full in the future?

Sorry for so many questions.

BigCraigJohn

Put the account in dispute if you like as they are now in default of your request.

Have a look on All About Debt forums for templates and guides.


Not so sure why MSE are blocking it now, surely if people are going to challenge the CCA its best that they know what they are doing.

whitefuschia

fermi wrote: »

Are these your only large debts? Yes

Did they freeze interest/charges at all? No

Have they formally defaulted you on the accounts yet? Don't know - haven't had any contact from them

Are they with or been sold to debt collectors? Same as above

What were you trying to achieve by sending the CCA request exactly? I knew I was unable to continue paying the high monthly charge that was only repaying the interest. When they didn't reply to my first letter I decided to send the CCA request to clarify my position

Are you likely to be in a position to pay these back in full in the future? I should be able to offer a F&F, but not until next year

Sorry for so many questions.

I really want to know what the usual process is regarding the CCA requests/debt collection agencies, etc. I know there's a lot of info on the forum but there's an awful lot to get through!

fermi

There isn't really a set process. What you do depends on what you are trying to achieve and your circumstances.

That's why I asked so many questions.

Have a read through this:

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

That tells you exactly what the creditor can and can't do while they haven't complied with the request.

You should also bear in mind that they might suddenly pop up with an agreement, even after this time. These companies often have them in long term storage, and it's not unknown for them to suddenly find a copy. Even years after.

If your main intention is to try and settle these with a F&F, then I might be tempted to continue with token payments. Wait and see if they have produced an agreement by the time you can offer the F&F. If they haven't, then that may give you leverage in those negotiations.

Just my opinion though........

whitefuschia

One other question - if a debt is passed to a debt collection agency does that mean it has been defaulted?

fermi

They shouldn't pass it to one unless it has.

whitefuschia

Just thought of another question (sorry!) - is a DCA more likely to agree to a F&F than the original creditor?

whitefuschia

Thanks for your advice.

In the link you posted above it says that if the debt is unenforceable because the CCA is not provided the creditor cannot get a court judgement against the debtor but can take the case to court. I don't understand what the difference is.

fermi

It means that the creditor technically can start legal action and take the case to court.

But as the law stands, if you defend that claim stating that the court shouldn't grant the CCJ because of the defaulted CCA request, then the court shouldn't make a judgement against you.

And most creditors know that if they start legal action where it is clear they know that they are likely to fail, then both the courts and the regulators are not going to be impressed with that behaviour.

So most creditors are not daft enough to try.

whitefuschia

Thanks, fermi.