Which one do I do?

silverhandbag

https://forums.moneysavingexpert.com/discussion/comment/81922144#Comment_81922144

Yes. Last payments to these cards was November 2022

silverhandbag

https://forums.moneysavingexpert.com/discussion/comment/81922115#Comment_81922115

Thanks for your reply.

silverhandbag

8 months later and still no CCA received. All I have received is a letter offering 50% discount (it was letters with 50%, then 60%, then 70% before). I've also had a few generic texts with "we have been trying to contact you" or "phone us so we can help you", despite me writing and asking for everything in writing to my address.

Can I put an affordability complaint in at the same time there is a CCA request? If they send the CCA, an upheld affordability complaint would reduce what I owe, especially if they still offer discounts.

thanks

ManyWays

How old is this credit card and how long ago did you default?

silverhandbag

https://forums.moneysavingexpert.com/discussion/comment/82062871#Comment_82062871

Both are Halifax credit cards. Both given in summer of 2008. Both defaulted at the end of 2021.

On my other debt, I have an Affordability complaint with FOS, but now wondering if I should apply for the CCA on that too? That's older than the Halifax cards, was an MBNA Virgin credit card; that then became Virgin Money when they took over Virgin cards from MBNA; then was taken over by Clydesdale Bank Trading as Virgin Money and is now Nationwide. My card defaulted in early 2021 when it was with Clydesdale Bank.

Can I have an Affordability complaint and ask for the CCAs too?

sourcrates

"Can I have an Affordability complaint and ask for the CCAs too?"

Yes of course you can, you have a statutory right to make a complaint if you feel you have been unfairly treated.

You also have the right to ask for information about your credit account, you are granted that right under sec 77 of the consumer credit act.

There are no restrictions on how or when you can exercise these rights.

ManyWays

The Halifax old cards:

You have the right to make a complaint, the CCA request doesn't affect that, but you are very unlikely to win this as the lending decisions were over 6 years ago and you defaulted over 3 years ago. and any refund would be tiny, just for the last year and a bit after the 6 year point.

And you have stopped paying these debt? In that case, I suggest sticking with the CCA route is a much more promising option. Every bit of correspondence with Halifax or FOS will count as acknowledging these debts and you do not want to do that.

The M&S card:

I suggest asking for the CCA agreement is a better option. For the reasons I have mentioned for the Halifax card, it does not look likely you will win this affordability complaint either. And with such a complicated history, there have been quite a few times the pre 2008 CCA agreement may have become difficult to find. .

Do this now as the government is trying to remove the right to do this.

silverhandbag

https://forums.moneysavingexpert.com/discussion/comment/82063007#Comment_82063007

I have eventually received a reply to my CCA request for the Virgin CC, but the reply seems a bit weird?

It's on a faded piece of paper with the top half of the word Crapquest missing. There is no date and no mention of who they are writing to; no mention of my name or address in their letter at all. The letter starts with "Hello". Their envelope was hand written and has the postmark date on. They returned my Postal Order as they no longer charge a fee for this.

Did I send my CCA request to the correct company?

After the default, Arrow Global Ltd wrote to say they bought the debt. After that a firm called Crapquest wrote to say that this had been transferred to Intrum Poplar Designated Activity Company (in Surrey) and that Crapquest (in Manchester) is the administrator of my account.

Should I send another/a copy of the CCA request, to Intrum Poplar Designated Activity Company (in Surrey)?

fatbelly

You sent it to the administrator of the account. That's fine. They haven't complied so the account is unenforceable until they do.

The ball is in their court

silverhandbag

Thank you fatbelly.