HELP - CCA advice please

rog2

fiveyearplan wrote: »

That article is scary. Does anyone know if this botched agreement would stand up in court?

I have just read the article (thanks for the link, fermi) and can not, for the life of me, see how a 'fabricated' cca could ever stand up in court. We have seen many examples, on this forum, where creditors have sent copies of the 'standard' agreement that was being used at the time that the original 'credit' was obtained. These have been rejected, and I firmly believe that, when asked to provide a true copy of the original signed cca, no other document should suffice.
Furthermore, I believe that the Mr Walton would be well within his rights to apply to the Court, where the original CCJ was issued, to have this CCJ set aside. 'Compensation' of £500, already paid by the Bank, is laughable.
I fully agree with his challenge on the 'Interpretation' of the Law, but this, as the Bank Charge test case, would be likely to drag on for ages - possibly years, during which time creditors would remain free to continue their unlawful actions.
I agree - it is scary.

kevster1009

Received a County court Action threat from Equidebt today....any ideas what I should do...still no proper agreement sent and they are over the 30 days by ages now!

tigerfeet2006

Kev I've PM'd Weller and asked her to look at this thread as she is good at dealing with CCA's.

Did you send them a bogoff letter when the 30 days were up? I THINK IF IT DID GO TO COURT THEN YOU JUST HAVE TO SAY TO THE JUDGE YOU HAVE REQUESTED THE cca (OOPS CAPS BABY TYPING) and they have not supplied you with one so they are in breach.

rog2

kevster1009 wrote: »

Received a County court Action threat from Equidebt today....any ideas what I should do...still no proper agreement sent and they are over the 30 days by ages now!

Let them take you to Court, kev. When the summons arrives (even if it is from the fast-track Court at Northampton) you will have the opportunity to dispute all, or part, of the alleged debt.
You should put, in the 'defence' section of the summons, that you were unaware of any 'debt' and that you had asked Equidebt to provide you with a true signed copy of the original cca, as is your right under the terms of the Consumer Credit Act, and that Equidebt did NOT provide this within the 12 working days that the law allows. Also put that since a further 30 days have elapsed, since the 12 day period, Equidebt have now committed a criminal offence.
Furthermore, you should state that you have asked Equidebt to remove all of your details from their records, which they have not done (see weller's letter).

Personally, I doubt that Equidebt will proceed to the 'Court' stage.

kevster1009

Thanks Folks...I am sure they wont, it is just a scare tactic for me to pay them. I asked for the CCA and they sent the Application form as MBNA do...Exactly the same as others have had. they can whistle for the mo tho!

Spacecadetindebt

Hello all,
I've just been reading this thread, very interesting but abit confusing,
have I got this right, if the original debtor ( and yes I agree MBNA are the pits!!! one of mine) passes on the Debt to a DCA this agency has to prove you have the debt with them by owning the original CCA otherwise they cannot claim the money from you ever?? I've been told by one my credit card companies that they are going to sell mine on even though I am in a DMP with the CCCS and they are lumping on interest and late fees even though i have not missed any payments. I thought I could relax now I am on a DMP but I'm still being hasseled. A friend of mine said they could help me out as I'm so stressed but some one on another thread said don't offer a reduced settlement to the credit card co wait till you hear from the DCA, I just fear the constant phone calls again and even more aggressive people!! any advice would be grately appriciated
great reading by the way

camie_2

Hi Spacecadet,
I don't know the answer sorry but would also like to know why it would be better to wait for the debt to be sold on before making a settlement offer. Also does anyone know how much the debt is usually sold to the DCA for?
Thanks for any help.

tigerfeet2006

In general DCA are more likely to agree to reduced payments and not add interest on DMP's. Unfortunatly some companies are just plain bar-stewards when you start having problems.

Asking for your CCA does not wipe a debt, it will stay on your records for 6 years still, it just becomes unenforceable if they don't have the proper paperwork and you can refuse to pay them and if they take you to court then you are more than likely to be told by the judge that this is fine to.

Who is your DMP with?

Camie, it can be anywhere from 10% to 80% of total debt.

tiredanddesperate

This thread is really interesting and raises some questions for me.

I have recently obtained my Credit File to see exactly what is on there. It only shows 2 defaults - BOTH satisfied. (now I know I owe approx 45k to about 8 companies in total - this all stems from 2000-2001). But there is only these 2 satisfied defaults showing on my file.

I have been paying all the various companies (all DCAs, they all keep selling the debts on) on and off since I defaulted and they all call me regularly asking for more money etc.

2 of these defaults actually went CCJ almost straight away as well.

So, my question is, do I ask for a CCA from each of these companies? Do you think there is a reasonable chance that they will NOT have the correct paperwork and I will be able to stop them hassling me ALL THE TIME.

I have been considering BR but I have a Limited company that is almost dead now, so I'm waiting to clear that up before I make a final decision on BR. This CCA thing might just buy me some more time.

What do you all think??

ps. I LOVE this site - it reminds me I'm not alone in this big, bad, debt-ridden world!!!;)

thanks

Spacecadetindebt

sorry tiredandesparate, can't help you there I'm as new as you, but I'm sure we'll get through this, reading some of the other posts has spurred me on to get cracking and clear these debts anyhow, anyway

My DMP is with CCCS and I was wondering whether to approach!! (prehaps not the right word, as they all seem completly UN-approachable) the Halifax with an offer of 5000 on a 9430 debt? as they have told me they are passing it to a DCA,(a friend said they could help as they are upset to see me so depressed) Do you only get a default when it is passed to another company? in other words would my record with them be clear if they agreed to my proposal or if they have defaulted me already would that still stay with me for 6 years anyway? sorry does that make any sense???!!!