DMP Mutual Support Thread - Part 12

System

Any advice? next have replied to my CCA request after I told Brecon I was not going to pay until I received it. They sent me a letter saying the info you require is held in our archive files and therefore for us to search this we need £10!! And they talk about a SAR. I haven’t asked for a SAR just a CCA what are they playing at?

sourcrates

Anniee88 wrote: »

Any advice? next have replied to my CCA request after I told Brecon I was not going to pay until I received it. They sent me a letter saying the info you require is held in our archive files and therefore for us to search this we need £10!! And they talk about a SAR. I haven!!!8217;t asked for a SAR just a CCA what are they playing at?

Write back and remind them of there obligation to comply with sec 77/79 (1) consumer credit act 1974, request for information.

Its not your problem they choose to archive the documents, you have made a legitimate request and under the above act they have 14 days to comply or the debt becomes unenforceable in court, until they do comply.

Sec 77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer.

(a)the total sum paid under the agreement by the debtor;

(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.


If they don't comply then sec (4) applies :

4) If the creditor under an agreement fails to comply with subsection (1)

(a) he is not entitled, while the default continues, to enforce the agreement;

System

Thank you very much sourcrates for that information, I will be posting a letter to send back to them tomorrow.

Suseka97

Hi all,

Following on from the number of recent posts about CCA requests, I though I'd update with my experiences and the current situation.

So - 6 CCA requests sent Aug17 (3 to PRA, 3 to Link) and all Barclays related (loans and credit cards). It took 3+ months for either of them to get back to me. PRA acknowledged receipt of request and advised accounts were on hold pending their enquiries. Link didn't acknowledge anything but they were the first to send what they claimed were the requisite documents towards the end of Nov. The documents they sent did not include either a true or reconstituted copy of the agreements, so I simply replied that they had not complied with the CCA and would continue to withhold payments until they did. I've since chased and have heard nothing since before Christmas. Just after Christmas I had letters from the PRA group advising I was in arrears with payments on the accounts and asked me to contact them to reinstate my arrangement. So they got a letter back reminding they had yet to respond to my CCA requests and yesterday I had responses to two accounts and in both cases they are unable to provide the documents and have therefore said the accounts are currently unenforceable etc. and so forth :T

So I'm now hoping I hear that the 3rd account is also UE, but I'm not overly bothered because that is the smaller of the three. The plan now is to file the 2 UEs and see what happens -who knows, they may suddenly get what they need but until then the F&F pot keeps growing.

Daydreambeliever

That's fab news for you. I need to CCA one of my very old c/c (Mint). I was going to do it last year but went self managed and wanted to get into the swing of that, save a bit for the F&F funds. I am not sure I will know if what they send is right, so apologies in advance for any silly questions I ask going forward but I'm keeping my fingers crossed.

System

Suseka97 wrote: »

Hi all,

Following on from the number of recent posts about CCA requests, I though I'd update with my experiences and the current situation.

So - 6 CCA requests sent Aug17 (3 to PRA, 3 to Link) and all Barclays related (loans and credit cards). It took 3+ months for either of them to get back to me. PRA acknowledged receipt of request and advised accounts were on hold pending their enquiries. Link didn't acknowledge anything but they were the first to send what they claimed were the requisite documents towards the end of Nov. The documents they sent did not include either a true or reconstituted copy of the agreements, so I simply replied that they had not complied with the CCA and would continue to withhold payments until they did. I've since chased and have heard nothing since before Christmas. Just after Christmas I had letters from the PRA group advising I was in arrears with payments on the accounts and asked me to contact them to reinstate my arrangement. So they got a letter back reminding they had yet to respond to my CCA requests and yesterday I had responses to two accounts and in both cases they are unable to provide the documents and have therefore said the accounts are currently unenforceable etc. and so forth :T

So I'm now hoping I hear that the 3rd account is also UE, but I'm not overly bothered because that is the smaller of the three. The plan now is to file the 2 UEs and see what happens -who knows, they may suddenly get what they need but until then the F&F pot keeps growing.

Well that's interesting. I have just sent off 3 to PRA....formerly MBNA debts and 3 to Link...old BC ones. Will wait & see how long they take to reply. The PRA ones are the smallest of all our debts but the Link ones amount to quite a lot so would be good to not have to pay all of those. They are quite old debts as well.

Hb90

Hi,

I have been reading through this thread for the past 2 days and it has been very helpful. There are however a few things that I'm still a little confused about.

I sent off my pack to StepChange today, and I am looking forward to being debt free in 2.5 years! I have seen that lots of people have said about changing their current account. I am with Natwest, they have been my current account provider since birth (24 years) and I also have all of my insurances (travel, phone, car breakdown) associated with that account, so I am a little reluctant to change. However, I also have a loan with Natwest and a credit card, which I pay for with my current account. I also have an overdraft of £300, but this is interest free. Is it the best idea for me to change current accounts completely?

Any advice would be greatly appreciated!

System

Hb90 wrote: »

Hi,

I have been reading through this thread for the past 2 days and it has been very helpful. There are however a few things that I'm still a little confused about.

I sent off my pack to StepChange today, and I am looking forward to being debt free in 2.5 years! I have seen that lots of people have said about changing their current account. I am with Natwest, they have been my current account provider since birth (24 years) and I also have all of my insurances (travel, phone, car breakdown) associated with that account, so I am a little reluctant to change. However, I also have a loan with Natwest and a credit card, which I pay for with my current account. I also have an overdraft of £300, but this is interest free. Is it the best idea for me to change current accounts completely?

Any advice would be greatly appreciated!

It is best to have your bank account with a bank that you have no debts with. Especially if the loan and credit card form part of your DMP. Best to clear your overdraft as well, even if it is interest free, it is still a debt.
We had Lloyd's bank account but had massive overdrafts, credit card and loan with them, so changed to N/wide so no chance of Lloyd's trying to take more money from current account to clear the debts.

Hb90

ploppy57 wrote: »

It is best to have your bank account with a bank that you have no debts with. Especially if the loan and credit card form part of your DMP. Best to clear your overdraft as well, even if it is interest free, it is still a debt.
We had Lloyd's bank account but had massive overdrafts, credit card and loan with them, so changed to N/wide so no chance of Lloyd's trying to take more money from current account to clear the debts.

Thank you for your advice, do you know of any good accounts to go with? I currently have a loan and credit card from Natwest and a Barclays credit card so I know not to go for one of those!

System

Hb90 wrote: »

Thank you for your advice, do you know of any good accounts to go with? I currently have a loan and credit card from Natwest and a Barclays credit card so I know not to go for one of those!

Nationwide worked well for us. Just a basic account with no overdraft facility. Good online banking and app. Also you can have saver accounts linked to your current account so can pop onto online banking or set up a transfer and transfer bits over to save for emergency funds etc. We have separate saver accounts where I move money every week to save for car repairs, dentists and prescriptions etc so all that comes out of the main account is our bills.