CCA request

jcorbygas

Just a quick query - doing my CCA requests and wondered whether they should be sent recorded delivery?

poppasmurf_bewdley

jcorbygas wrote: »

Just a quick query - doing my CCA requests and wondered whether they should be sent recorded delivery?

It's always a good idea to send by recorded delivery. And keep dated copies.

jcorbygas

Thanks - I have done the copies - its annoying when a £1 postal order costs £1.50 and you have ten to buy but hopefully at least one of the letters will have good results!

I am with Stepchange at the moment and wondered whether now would be a good time to go self managed and leave a few months of no payments to give us a break following 7 years of being on a DMP or leave it until I got some responses back?

poppasmurf_bewdley

jcorbygas wrote: »

Thanks - I have done the copies - its annoying when a £1 postal order costs £1.50 and you have ten to buy but hopefully at least one of the letters will have good results!

I am with Stepchange at the moment and wondered whether now would be a good time to go self managed and leave a few months of no payments to give us a break following 7 years of being on a DMP or leave it until I got some responses back?

Look on the bright side. Think how much money you could be saving. I've only ever done one CCA application, and as they couldn't comply with it, they returned my £1 Postal Order. I had a debt of £3.8k wiped out.

If you're really lucky, you may get all 10 returned!

Julie67

poppasmurf_bewdley wrote: »

Look on the bright side. Think how much money you could be saving. I've only ever done one CCA application, and as they couldn't comply with it, they returned my £1 Postal Order. I had a debt of £3.8k wiped out.

If you're really lucky, you may get all 10 returned!

I'm just in the middle of requesting CCA's, so far two have come back unenforceable. Can I ask when you say wiped out, did you just stop paying and ignore or write and tell them or settle with F&F
Not sure what to do next.

poppasmurf_bewdley

Julie67 wrote: »

I'm just in the middle of requesting CCA's, so far two have come back unenforceable. Can I ask when you say wiped out, did you just stop paying and ignore or write and tell them or settle with F&F
Not sure what to do next.

I wrote back to them, telling them that no more payments would be made and made a miserly offer of £100 in full and final settlement. Nothing was heard for almost three months, and then out of the blue a letter arrived from the DCA saying the owner of the debt (NatWest) had wiped the debt from their records it would no longer be pursued. They even gave me the name and address of a contact at NatWest to contact if more information was needed. That was in 2014 on a debt going back to 1995, and that was being paid off at £10 a month since 2001.

Good luck.

sourcrates

If a creditor admits they cannot comply with a CCA request, then they lose the ability to enforce that agreement through the courts, they can still ask you to pay, still report the non payment to your credit file etc, but they can do nothing to force you to pay.

On some occasions, they may sell the debt on, in which case you have to inform the new owner about the lack of a valid credit agreement, once you've done this, they tend to drop the matter pretty quickly, after all, they exist to make money, so wont waste any time chasing an unenforceable agreement.

Usually you wont hear from that creditor ever again, and eventually the debt becomes statute barred anyway, sometimes they accept small offers to settle, but on the whole, they save more money in tax relief by writing the debt off, than by accepting your £100 to settle.

AllTheHelpICanGet

Thank you for the interesting thread and answers. One question I have is regarding debts that still show on my credit file as a default was never issued. At the moment with my DMP running they show as OK and up to date. If I send of a CCA request, find the debt is unenforceable and either negotiate a F&F or stop paying; what will happen to this account on my credit file? If I was to pay a F&F I assume it would be marked as partially settled and the account closed (which is fine) but if I was to simply state I would not be making any further payments what would happen then? Surely in that instance the account will remain open and on my credit file indefinitely?

Any advise most welcome as I am in the process of sending off CCA requests having been on a DMP for about 8 years now and I am rather apprensive about upsetting the apple cart (so to speak). Are any of my creditors likely to be awkward about the request and threaten CCJ's? (I really want to avoid one of those if at all possible)

Many thanks

sourcrates

It is your right under the consumer credit act to ask for information about your account.
It will not be detremental to you at all.

A creditor can still report on your credit file should an account become unenforceable.

AllTheHelpICanGet

So on that basis and as I am conscious of how my credit files looks am I better to continue paying those that show on my file the agreed amount per month and concentrate my CCA requests and offers of settlement to those that no longer register anything on my file as they've now dropped off?

Thank you for sharing your eperience and knowledge - its much appreciated as this whole scenario worries me greatly and causes me so much stress.

jcorbygas

I have sent off 16 letters requesting CCA's.

PRA Group responded very quickly for 2 Barclaycard (was Egg) and one Halifax and returned my postal orders - they advise that on the two Barclaycard ones they have placed the accounts on hold pending further enquiries.
2 Idem letters re MBNA have acknowledged my letter and say they will get back to me.
Robinson Way re Tesco advised they have put account on hold pending outcome
Link re Co Op are referring back to CoOp

I have written to Stepchange advising I am going self managed and have stopped all payments at present.

I will update further.