default and no CCA

chunkymunkey

Hi,

I was hoping someone might be able to help.

A year ago I started the process of requesting a CCA from robbo way and have never been provided with anything enforceable. The letters continued and I continued responding, basically saying that until there was a proper CCA I wouldn't be making any further payments. Anyway, about 8 months ago I got a letter from robbo way saying that they were closing the case and referring it back to halifax. Halifax then obviously sent it onto a second debt collection agency, called 1st credit, as this new agency then started contacted me via letter demanding payment. I sent the same CCA request letter to first credit and the last I heard from them was in August saying that they were passing to the appropriate dept and would be in touch …

… I have just checked my credit report and halifax have added a default.

What are the chances I can get this removed? I am worried it is going to affect my chances of getting a mortgage. There is no CCA and no default notice was sent to my address (it is possible that they have sent it to my old address, but all the same the last letter from 1st credit was sent here so they must have my address on their system, which in turn they must have got from halifax?)

I had requested a SAR from Halifax, and within the info obtained it clearly states “a copy of the customers agreement is not available” but that the debt is enforceable because previous regular payments admits liability?

Any advice on my next move would be greatly appreciated.

Tixy

Very slim.

Even if they have no CCA they are still allowed to register a default with the credit reference agencies (this was decided in court). What is the date of the default on your credit file? recent or last year? when did you first stop paying the account?

You are right the default will impact on getting a mortgage.

chunkymunkey

Stopped paying when they were unable to provide CCA so about a year ago. The default was added less than a month ago. How could these things make a difference?

Thing is, I hadn't stopped corresponding with them - replied to every letter I received - but said wouldn't make further payments without CCA. I thought that was the process? Where have I gne wrong? Plus, no letter of notice to enable me to come to an agreement - again, isn't this required by law?

Thanks for replying.

chanz4

But whats changed, you know you signed one but its not available. Stopping payments was the worse thing you could do, also the address would of come of a credit file trace. You will not get a mortgage in the next 6 years, although you may do if you have a huge deposit and a huge apr.

I would check your file also for a gain record, as you didnt inform the lender of your move. Whats the debt for?

nottoolate

chunkymunkey wrote: »

I had requested a SAR from Halifax, and within the info obtained it clearly states “a copy of the customers agreement is not available” but that the debt is enforceable because previous regular payments admits liability?

what a load of nonsense from halifax :rotfl::rotfl:


when did you first default on this? you say a recent default has been added? so a new default? or just and old one thats been transferred to the name of the most recent dca.


they are allowed to default you. but it sounds like this was already defaulted before you sent the cca so its just a matter of making sure the date is correct.

chunkymunkey

Well, I first stopped paying about a year ago, but my account was put on hold whilst it was looked into, then I guess it must have got "unheld" and that is when it went into default??

It's a new default. I have never had one before.

It's odd though, because we have not receieved a letter of notice - I have even checked my old address now. Does this change things? What if I write them a letter saying I have had no letter of notice and that I will pay in full if they remove it?? Don't they have to send you a letter of notice legally? If I had got that, I would have sorted it.

Thanks in advance