CCA requests - advice please

dfw128

Hi Folks,

A bit of an update as i've received a few letters in the last weeks, also a few non responders so advice on what to do about them would be appreciated too.

Neither NCO or Barclays have responded at all. I sent the CCA requests recorded delivery and have copies of the proof of delivery. Is it just a case of writing to them again enclosing the proof of postage? I found some info online that you can check if they have been cashed by calling Post Office customer services so I might do that too.

Akinika are working on behalf of BOS. They initially acknowledged my letter and subsequently sent me further information. The letter says "we write further to your recent communication and now enclose copy statement/bill provided by our client for your reference. We confirm that the above balance is correct and we require your proposals for settlement of this outstanding balance by return". The document they included looks like a transaction list with the date payments were made along with the amount the debt has been reducing by. It's definitely not a copy of the credit agreement, it's just a statement. Any advice on standard response when they don't send what's been asked for?

Cabot wrote to me to advise that they don't have the information requested on file, but they confirmed that they should be able to get it to me within around 40 days (this has now passed). Presumably just sit tight until something comes through?

Capquest also responded on behalf of Arrow Global Receivables. They did in fact manage to send me a full copy of the loan agreement, however what came out of that which I wasn't aware of was that I had PPI on my egg loan. I can't see why I would have taken out PPI at the time of taking the loan, and I've seen some bits and pieces online about the full front loading of PPI cost being a reason for reclaim as well as pre-ticked boxes when applying online. I'm not 100% sure of the route I went for the loan, whether it was over the phone or online. Any advice on how I can proceed with looking further into this?

Again, many thanks for all help to date.

sourcrates

Hi again,

Ok, lots of questions, I will just give you a general responce that applies to all of the accounts you have sent a sec 77/79 request for information too.

Basically if a creditor does not respond to your request, the account cannot be enforced in court, until they do respond to you, no matter how long that may be.

You can send a reminder letter, if you wish, but essentially the ball is in there court now.
If any of them started court action, whilst still in default of your request, you would defend the action on the basis of non compliance with that CCA request.

So essentially they can do nothing as things stand.

As regards the PPI, you can reclaim this at any time following the instructions on another part of this site.

Marktheshark

Stop paying the others that can not produce CCA and pay down the one that can.

dfw128

sourcrates wrote: »

Hi again,

Ok, lots of questions, I will just give you a general responce that applies to all of the accounts you have sent a sec 77/79 request for information too.

Basically if a creditor does not respond to your request, the account cannot be enforced in court, until they do respond to you, no matter how long that may be.

You can send a reminder letter, if you wish, but essentially the ball is in there court now.
If any of them started court action, whilst still in default of your request, you would defend the action on the basis of non compliance with that CCA request.

So essentially they can do nothing as things stand.

As regards the PPI, you can reclaim this at any time following the instructions on another part of this site.

Thanks for that - what about the ones that haven't complied with the request (i.e. sending the wrong thing?). I'm not sure if I should keep up the payments on these accounts or as suggested pay more to companies which comply and not to the others until they do.

I'd suggest I'm not really at risk of any type of court action presently as my DMP has been running for so long on the current terms. Happy to be informed if this might not be the case.

I have read the guidance on PPI reclaim but it's not really clear if I can't remember how I took out the policy. I was considering a SAR to get all of my info to remind myself before I go down that route if anyone has any advice on if this is the right route i would appreciate it.

Thanks again

fermi

dfw128 wrote: »

Thanks for that - what about the ones that haven't complied with the request (i.e. sending the wrong thing?). I'm not sure if I should keep up the payments on these accounts or as suggested pay more to companies which comply and not to the others until they do.

That is your call in the end. There is no right or wrong answer, as you don't know what they may be able to provide eventually or not.

You can remind then that just a copy statement does not satisfy a s77/8 request if you want, or leave them to stew.

dfw128

Bit of an update - following on from my CCA request it turns out I had PPI on an egg loan which I have managed to successfully reclaim against. Canada Square have paid around £450 to the DCA (which takes the outstanding balance down to about £2200). I also received a cheque for £1048.

I now have 5 outstanding debts amounting to £10,200. From lowest to highest the balances are, £225, £1375, £2038, £2634 and £4002. As I've said before I am paying these off through a DMP with step change.

I'd like to use the PPI cheque to reduce my debts and was hoping to go down the route of full and final offer. I've read a number of the threads on this but can't seem to find the best way to go about it. I can see the various successes from getting 25% offers accepted up to 50%. If i'm writing to them with an offer is it just a case of making the offer or do I need to tell them where I'm getting the money from?

I also haven't asked step change to stop paying the companies who couldn't comply with my CCA request but from further reading this morning I think i'm going to go down that route. I'm tempted to hold off until after I do this full & final offer thing though as I will likely go with the companies who have provided CCA evidence.

Thanks again

[Deleted User]

dfw128 wrote: »

It's definitely not a copy of the credit agreement, it's just a statement.

Then the account is unenforceable, until/unless they supply a copy of the credit agreement.

Also, since the account was opened before 2007, it must be be a copy of the actual credit agreement you signed, and not a "reconstructed" CCA.

sourcrates

Hi,


You may have a few issues with removing unenforceable accounts from your DMP.
Stepchange policy is to treat all creditors fairly, I don't think they make distinctions between enforceable or unenforceable accounts, I think they would want you to continue paying them to be honest.


You may have to consider going self managed in order to do what you want to do.

dfw128

Ok so having reviewed the full responses to my CCA requests, 3 of my creditors have complied fully and 2 haven't. My aim is to try to get rid of the 2 which haven't complied which between them is a total of £5300. Offered the £4k one £400 F&F and have also said that I'm going to stop paying until CCA is complied with (current payment £19 per month). That creditor has advised that they are unable to find the paperwork. The other hasn't replied to my request at all so i've written to them again advising of my CCA request and explaining that I'm going to stop paying until I've received it.

I've not discussed any of this with step change yet as I'll wait for these responses first.

Will keep this thread updated.

dfw128

No response as of yet from my F&F offer but I have had a response from barclaycard who hadn't responded to my original request and they are unable to provide the original agreement either.
Any other relevant advice here or am I best to wait until my first F&F offer is accepted or rejected?