Looking at a DMP

Rob5342

Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.

Fresh44

Thanks for your replies, this has god me a little miffed as all the others have been plain sailing. I’m unsure what to do next with ACI and this inflated balance. These are the last 2 debts. Do I respond to ACI? I havnt even had a default yet for the 2 updraft loans . 

RAS

Just put in the affordability complaint. Might take a time but if you win it's likely they'll have to stop reporting it on your credit record.

Fresh44

Would I need to put an affordability complaint in with updraft? Or ACI? Thanks for your reply 

sourcrates

Rob5342 said:

Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.

When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

Ask for the CCA, they won`t be able to provide one as there never was one.

Fresh44

sourcrates said:

Rob5342 said:

Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.

When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

Ask for the CCA, they won`t be able to provide one as there never was one.

I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 

Rob5342

Fresh44 said:

sourcrates said:

Rob5342 said:

Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.

When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

Ask for the CCA, they won`t be able to provide one as there never was one.

I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 

If they don't produce the CCA within 12 days of you asking for it then they cant take any legal action until they do. They can always do home visits if they choose, most collectors won't bother with that but if they do then they have as much power as a double glazing salesman and can be dealt with in the same way. 

sourcrates

Fresh44 said:

I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 

Making a request for information under sec 77 CCA, has the beneficial effect of putting your account effectively "on hold" until they send you what is required.

So no, collection activity should pause whilst this is actioned.

Fresh44

Hi all it’s been a whilst since I’ve been on, I put a CCA request into ACI and they havnt been back in touch. Before I asked for the CCA, I asked it there was a default date for the debt and they sent me an email confirming the default date. Total owed etc. I’ve checked my credit report and it says I’ve got an Arrangement to pay in place which obviously I’m not happy about. 

I have contacted updraft and sent them the email from ACI stating the default date and have said I want the arrangement to pay removed from my credit report and I’ve also put an affordability complaint in due to the debt I was in when I took the 2 loans out. Do you think this AP will get removed? Thanks