Advice re CCA and F&F settlement

Sarah76_2

Hi

I have a couple of queries so my story so far :

I have a CC which i took out 16yrs ago and has a balance of just under 4k which i have been paying forever through a DM company i decided to take it in hand myself and as i knew my ex had had a secondary card decided to ask for the statements so i could take up with him his outstanding owing to me. Anyway nothing from the DCA or the original creditor so i put the account into dispute as they cannot provide any paperwork of any kind. Anyway 3 months after i recieved a letter from OC saying they would get back to me in 4 weeks the DCA have started threatening me via letter saying they dont need a CCA and asking why i want it, also saying they know what i am doing trying to get out of paying it and because ive been paying them money its better than a CCA and they are going to take me to court. I have sent a letter of complaint to the OFT re their bully tactics and until i have the statements i am in dispute of the account as i want to know where i stand with the secondary card as im sick of paying my ex's debt. Need to check t&C's. Now if it comes down to it am i within my rights or am i just causing problems for myself ?? If they take me to court with no CCA will it go in their favour and should I just try to re negotiate a payment plan with them ?

Also i have another card and it is about 3k do you think they would accept 1k as a full and final as i have been paying all these for years and just want them cleared up

Also last one I promise lol my ex and I had a joint loan out with the parasites that are paragon (yes i know, hinesight is a wonderfull thing) and I have been told that I can argue charges etc with them again is this worth doing or am i just banging my head against a brick wall ? Just wondered if anyone had ever had dealings with them before

Thanks in advance
Sarah

BigCraigJohn

Is it a credit card/loan/overdraft?.
Do they say they will, may, might take you to court?
As far as I know no CCA is a pretty solid defence, keep all the letters.

thechippy

Who's the dca?

With no cca at all they are on dodgy ground if they try to litigate.
I'd leave it in dispute, pay them sod all and see what thier next step is and get back to us..;)

Sometimes, it's easier if you can scan what they send, remove personal details and post it up for us to see.

Sarah76_2

Hi
It was a credit card, they keep changing their minds about it lol one letter says might one says may one actually says we wont forget you ! I have kept everything, getting good at that bit :-)

Sarah76_2

dca is CCS collect on bahalf of lloyds tsb they sent me a company comp slip handwritten saying havent got cca, dont have facility to get it

Hannah_10

They're gonna take you to court without a CCA? Ha, no they're not. And if they do you should very much enjoy what'll happen coz they will be told right off and heavily out of pocket and you will be smirking.

Hey Sarah, you owe me, yes me Hannah, £4,000. What do you mean you don't? I say you do! Well no, I don't have any paperwork but I say so, my say so is enough. Er Sarah why are you laughing at me?

Same thing.

thechippy

Hannah_10 wrote: »

They're gonna take you to court without a CCA? Ha, no they're not. And if they do you should very much enjoy what'll happen coz they will be told right off and heavily out of pocket and you will be smirking.

Hey Sarah, you owe me, yes me Hannah, £4,000. What do you mean you don't? I say you do! Well no, I don't have any paperwork but I say so, my say so is enough. Er Sarah why are you laughing at me?

Same thing.

Oi Hannah,

Where's that 10k you owe me? you know - the 10k i lent you last week. can't find the iou that you signed, but I wannit back sharpish, plus the millions of interest ok!!.....;):D:D

Sarah76_2

Hubby says the same thing as i know 4yrs later he is getting pretty ticked off with paying my ex's debt and rightly so imo

Their arguement is that i have been paying it and that because of that it superseeds a CCA - Really cause thats not what I have been reading, also i never actually disputed a debt just the amount owed. They were actually shouting at me down the phone and telling me national debt helpline were just a bunch of volunteers that didnt know what they were talking about

On reflection they kind of sound a bit panicy but in my eyes if by some miracle dont have to pay this anymore I can use the money to pay one of the others and actually see a light at the end of this very dark tunnel :T:T:T

Sarah76_2

oh :-( now im panicing again, although ive never disputed a debt just the amount owed. This is why I originally asked for the statements ive done this twice now and have never recieved anything from LTSB

battyboimatt

Im sorry but i agree with shocksoc335, the company are well within their rights to make reconstituted credit agreement, which would fufill your CCA requst and dont forget even if they don't all a CCA means is they cant enforce the debt, it does not stop them asking for payment or chasing for it.

Sarah76_2

CCS actually sent me a piece of paper saying they didnt have it or the facility to get it and told me to contact ltsb which i did and they have never got back to me either

have i just given myself a whole load of trouble