CCA Requests not actioned, what now?

Photogaz

Thanks so much. So are the precribed items missing too as suggested?

I know she wants to get the accounts settled as apposed to avoiding paying. Is it best to point out the faults and then make a full and final offer in the letter.

Really do appreciate your replies to all my posts, I'm so grateful. I just want to do this right.

National_Debtline

Photogaz wrote: »

I know she wants to get the accounts settled as apposed to avoiding paying. Is it best to point out the faults and then make a full and final offer in the letter.

Hi

I think that’s a good idea if she’d rather settle.

There a sample letter here you can base a F&F offer on:
www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

James
@natdebtline

Photogaz

How does this sound?

I am writing in reply to the documents sent to me on the 21st July 2016 regarding the money which you are claiming on the above account.
In accordance with the Consumer Credit Act 1974 (sections 77-79), I’m still awaiting the correct documentation that belong to the account above. The signed agreement provided does not match the Credit Card Account number for the account in question, in addition the full terms and conditions of the agreement are missing. As a result, this does not fulfil the Consumer Credit Act 1974 request received by yourselves on 12 July 2016

I also can confirm that I am unable to pay the money which I owe in full. However, I can raise £XXX and I want to offer this as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability.

If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed.

I can pay the amount I have offered within 10 days of receiving your written agreement of this offer.

Please give me details of how I can pay.

What sort of percentage should we be thinking?

Photogaz

Would you say 15% is too low considering the main details are missing?

sourcrates

Photogaz wrote: »

Would you say 15% is too low considering the main details are missing?

It's up to you, but why pay an unenforceable credit agreement in the first place ?

Photogaz

Well, I guess to get the default marked as settle to improve the credit report?

sourcrates

Photogaz wrote: »

Well, I guess to get the default marked as settle to improve the credit report?

Paying it won't remove the default, only time will do that, a settled default is almost indistinguishable from an unsettled one on a credit report.

How long till it drops off her file ?

glentoran99

sourcrates wrote: »

Paying it won't remove the default, only time will do that, a settled default is almost indistinguishable from an unsettled one on a credit report.

How long till it drops off her file ?

That's not quite true and it depends on what the persons situation and plans are for future credit. I have defaults on file and just been approved for a mortgage this wouldn't have happened had they been unsettled

fatbelly

Whatever you decide you could in your letter refer them to FCA guidance CONC 13.1.3

(4) In accordance with the sections referred to in (1) the firm must 'give' a copy of the executed agreement and any other document referred to in it and the required statement.

sourcrates

glentoran99 wrote: »

That's not quite true and it depends on what the persons situation and plans are for future credit. I have defaults on file and just been approved for a mortgage this wouldn't have happened had they been unsettled

Fair point glen, but if the entries due to drop off her file next week, then it's a pointless exercise !!!