My Situation.... Please Help

mo1_2

any charges from your bank or credit cards you can claim back?

pubgolf

Maybe once I got an arrangement with nationwide, but i dont know how to set one up and get them to agree to it when they have clearly said they cannot take what ive offered

BAILIFFCHASER

pubgolf wrote: »

Hi,

If I could get a loan believe me I would consoliadte them, but no company will touch me with a loan, my credit rating is very poor, plus im in rented accomadation, if you could draft me a letter that would be great, what does cca mean?

A cca is a consumer credit agreement. you need to send a £1 cheque to the nationwide. If they can come up with a copy of the actual agreement(executed) then they are on very strong grounds. However if they do not have a copy of this then you are on strong grounds. Here is the letter !!!


account number : :

Dear sir/madam

With reference to the above account, I am writing to confirm that you do hold a copy of the credit agreement.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.



your
enc cheque number

If not reply recieved within 12 days then cannot enforce. If no reply recieved within 30 days then report it as a criminal offence to the local magistrates court !!!!

pubgolf

So they will have an agreement of when I have opened the account though wont they? though when I opened it i only had a hole in the wall card, then they sent me the dam chq card, so if they do have an agreement then what?

pubgolf

thanks for the help by the way

BAILIFFCHASER

If there is no agreement then in theory you can walk from the debt. I know alot of people will say thats cheating or where are your morals etc. then what you have to think is then where were the building societies morals when they let you go overdrawn by so much ? £50 -£100 understandable but this much ?

moonlightpjs

If they do have an agreement then yes, they an enforce the debt. By sending the CCA you are in effect delaying their threats, meaning whilst you are requesting a CCA they can do nothing to enforce the debts.

Also, when they mean they will send the debt collectors around to take your stuff, I think (somebody correct me if I'm wrong) what they are saying is that the debt will be passed to a DCA who will then arrange repayment with you - probably at an amount that you can afford. Sending debt collectors around is a last resort if you dont keep to the argreed repayments with the DCA so I wouldn't worry too much about this at this time. Once the debt has been passed to a DCA then the charges and interest should stop then you can go about reclaiming any charges you have incurred.

Sorry forgot to add that as far as I am aware, if you request the CCA they then have 12 days in which to produce it, if they don't then dont pay but they have another (I think) 30 days to produce the CCA before it becomes an offence if they haven't supplied it at which point you can report them. But at any time after this they can produce the CCA and you would liable to pay it. If the 12 plus 30 days has elapsed and they then produce the CCA you will need to report them, they probably wont then chase the debt as it will cost them around £2500.00 to get you to pay it.

HTH and Good Luck xx1

pubgolf

So can my stuff be taken? and do you know of any cases where people have walked away from debts like this?

Thx

BAILIFFCHASER

pubgolf wrote: »

So can my stuff be taken? and do you know of any cases where people have walked away from debts like this?

Thx

If this is passed on to the debt collectors(if) and the original institution cannot provide you with a copy of the agreement then what are the dbet collectors going to try and do ? Enforce a agreement that does not exist ?

moonlightpjs

If the debt is passed on to a DCA without you having received a copy of the CCA then again request the CCA from the DCA and the same process begins again....................