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Lets All Ask For Our Cca!

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  • My CCA request 12 plus 2 days is up tomorrow and I'm not sure what to do next.

    The debt is with natwest and passed to intrum justita.The last person to contact me was intrum justita spain in 2006.I never paid intrum justita but continued to pay natwest. I understand that the debt is now in dispute .

    I said that I have always paid nat west and never paid intrum justita spain well I'm now doing my own DMP so I have asked natwest for the account details to pay my money into. I thought I'd keep paying my money even though the debt is now in dispute.
    Natwest won't give me the details and say contact intrum justita. Intrum justita haven't responded to my letter and when I've phoned them (sorry) say it's nothing to do with them - contact natwest.
    My choices are to make the payment into my old natwest account or stop paying. I refuse to pay the spanish company unless they correspond in English and produce my CCA.
    Any advice
    Thanks
  • artlaw
    artlaw Posts: 34 Forumite
    Hi Everybody I asked for a cca back in sept/oct 2007 it went quiet for 3 months or so then they sent me my original application form dating back to 1995 but they still issued court procedings last week.

    I thought the debt was unenforceable without a CCA?
  • stapeley
    stapeley Posts: 2,315 Forumite
    All you can do is wait to recieve court papers ,then put none compliance of your request as your defence . You may find they withdraw from the court action . You can also get the court action moved to local court . Did you keep copies of your request and proof of delivery . Is it with a DCA ?
  • artlaw
    artlaw Posts: 34 Forumite
    Hi, yes I have sent an acknowledgement to advise that I will be defending part of the claim. It is my debt but when I got into financial difficulties lately I requested a CCA and a full statement of account as I started the agreement as a credit card account in 1995, but it was transferred to a loan account in 2002, and after a further 5 years of payments they are saying that I still owe more than the original loan amount.

    It is with a firm of solicitors I believe, Weightmans LLP. I did keep a copy of my original request for the CCA, which I sent by recorded delivery and I have the delivery proof.
  • stapeley
    stapeley Posts: 2,315 Forumite
    Still no agreements from any of three , one threatening court ! Not at all worried i am sure they have not got a agreemenmt .
  • stapeley
    stapeley Posts: 2,315 Forumite
    Just bumbing up so people that have not sent their request in yet , know what its all about .
  • Ames
    Ames Posts: 18,459 Forumite
    I'll be doing mine this week, as soon as I can get an answer about an overdraft, from what I've read elsewhere it's a grey area. I've posted on this forum and CAG so hopefully I'll get an answer soon. Of my four debts there's no point going for two because their still with the oc so chances are there will be agreements out there, then there's the overdraft and a loan, both of which have recently been sold on for the third time.
    Unless I say otherwise 'you' means the general you not you specifically.
  • stapeley
    stapeley Posts: 2,315 Forumite
    Overdrafts are not covered . I suggest you do the loan thats been sold on first !
  • stapeley
    stapeley Posts: 2,315 Forumite
    Some have said this is a moral issue ," you spent it , so pay it ". I do not see it like that ! What about all the banks that have charged us for bouncing cheques and direct debits . They know they are in the wrong , yet dispite thousands of people been given refunds , they are now trying the courts to get out of it !
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    As far as I am concerned it is simply an issue of whether the creditor/DCA is entitled to enforce the debt through the courts, or do anything other than ask nicely for payment.

    Once you have determined the legal rights that you and the creditor have, then it is up to you what you do.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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