Lets All Ask For Our Cca!

rog2

stapeley wrote: »

I,m not sure if we can ask for money back ! That would be interesting ! No where have i seen money refunded mentioned in the CC Act.

Yes you can - weller711 has, successfully got money paid back from three dca's.
If, after the full 12+2+30 days have expired, the dca has not provided the cca, then you would need to send them the letter that you will find on the following link (thanks weller):

http://forums.moneysavingexpert.com/showpost.html?p=6582439#post6582439

Then you can give them a taste of their own medicine.

stapeley

Very interesting !!!!!! I will see what happens as the deadline gets closer ! The DCA have another 14 days !!!

rog2

artnoble wrote: »

I have a 2k debt to which i have paid about £1k to. So if they can't find my cca and give me £1k back. I still have a 2k debt which is unenforceable. What happens then?

What happens then is entirely up to you - you are now in the driving seat as opposed to a 'non-caring' vulture.
You could choose to ignore it, or, as previously suggested by ALIBOBSY, you could negociate a full and final settlement with the original creditor, under your terms, but safe in the knowledge that they can no longer 'set the dogs on you'.

stapeley

Okay let me get this straight !!!!! If people have paid monies to a debt collection company ,and after you have requested proof of ASSIGNMENT and A SIGNED COPY OF THE CC AGREEMENT. They fail to provide this paperwork in the timescale allowed within the CC ACT . They have committed an offence within the Act . You are then within your rights to claim a refund from that company ???????
If this is correct , it could be as big as the BANK CHARGES refunds!!!

purpledelly

stapeley wrote: »

Okay let me get this straight !!!!! If people have paid monies to a debt collection company ,and after you have requested proof of ASSIGNMENT and A SIGNED COPY OF THE CC AGREEMENT. They fail to provide this paperwork in the timescale allowed within the CC ACT . They have committed an offence within the Act . You are then within your rights to claim a refund from that company ???????
If this is correct , it could be as big as the BANK CHARGES refunds!!!

That is indeed correct in theory. However apart from one poster on here whose name escapes me at the moment, I've not known of anyone actually getting the money back.... but I don't know that many people are asking for the CCAs. Personally I'm not sure that making it as big a thing as the bank charges refund would do anyone - creditors or debtors - much good - I can see it backfiring badly really... although I suppose the 'debtors' would have the law on their side...

purpledelly

Sorry I didn't read back far enough -Rog had already mentioned the poster I was thinking of - weller....

stapeley

Would stirr things up abit !

hbl_2

Companies can either write off debts or sell them on to a DCA, thus getting some money where they otherwise wouldn't. There are companies out there who must make a fortune by hoovering up all these old debts for pennies on a dollar and then chasing people down for debts that they rightfully thought were settled (be it covered by bankruptcy, or abandoned, or outside the limitation period).

They would only need one vulnerable person to repay a massive sum without asking for proof to pay the cost of all the others, and then everything else is profit. It's akin to phishing, and if some resistance is shown then they may well move onto easier marks. In many cases, the debts are bought without the CCAs being passed on, so they are trying to enforce a debt they aren't entitled to.

I get the impression this is a real problem with sub-prime lending and hire-purchase agreements (and is the sole reason Yes Car Credit went belly up) and I don't consider this debt avoidance at all, especially when it falls to the poor practices and lack of transparency of the shady lenders.

Blue chip lenders, banks etc won't expose themselves by bad collection habits due to the commercial reality. For DCAs this is their only revenue and will no doubt make a costs estimate as to how much they bought the debt for, how much it'll cost to enforce if disputed and how much they can settle for.

moonlightpjs

As Rog stated - I have successfully claimed monies paid back from 3 DCA's - BUT - it was a very hard and long process I must stress this, it is not easy, and you must be determined to stick it out and I must admit that at times I felt like giving up. I must state, however, that I have not claimed any monies back from the OC's - that, in my mind, is pushing it too far but thats just my opinion. I suppose it could be done but having the debts written off and defaults removed was enough for me.

And, it hasnt worked with every DCA - 2 have actually come up with a true signed copy of a executed agreement and I am now willingly paying them but on my terms.

I am of the opionion that if a DCA is using unfair and illegal methods to collect a debt then of course you should request your CCA/Deed Of Assignment - this is not an avoidence of debt, its making sure that the DCA's who have hounded me relentlessy, unfairly and pushed me to the brink of sucicide has a legal right to collect that debt and of course, that I am the person that owes the money - as so often isnt the case.

If the OC, when you took out the credit facilities, had you sign a proper, executed CCA then there wouldn't be the facility to request a CCA and dispute the debt. The fact is that many CCA's are not true CCA's and so therefore not enforceable. How many people would look at the CCA they were about to sign and question it? Not many, I'm sure. The fault, therefore, lies with the OC and the scummy DCA's they pass it on to, this is of course, only my opinion.

And if the DCA's want to play hardball by using bulling, scareing, often illegal tactics then we should fight back. This is not an avoidence of debt -

I have been reading this thread with interest over the last few days and noticed that Rog's stalker is, again, being a pest. God knows why though, I'd like to see her/his comments on the CAG board - dont think she'd last very long there It does seem that wherever Rog goes she follows, all with the intent of winding him up. What she doesnt seem to realise is that Rog is a very well loved and respected member of this (and the BR) board and she is doing herself no favours.

If a DCA has the legal right to collect a debt then so be it but when you have , for instance, 2 DCA's chasing the same debt, then you have a right to know who to pay, if you should pay them and to stop them bullying and hounding you. This is a legal right to all debtors.

And to our resident Troll, where do you stand when the DCA's have hounded somebody, the most vunverable into losing their homes, their familes and in extreme circumstances to take their own life, leaving behind loved ones? Is a life worth only say a couple of thousand pounds?

If the DCA's played the game legally and correctly, then I suppose we wouldn't have the 1000's of people using their legal right to request their CCA's. Due to this loophole, I think, any CCAs signed after 2004 (I may be wrong here - it may be later) will be true CCA's in the case of Credit Cards, Loans etc but more than likely still not catalogue debts. Why do you think this is? Could it be that many CCA's signed prior to this date, were in fact illegal. Food for thought.

I would not and will not advise anybody to avoid their debt, I would just advise them to use their legal rights.

And so ends my rant......................

stapeley

Thankyou again everyone !!!!