We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Some questions about CCAs etc

Hello,

Could I pick your brains please.

A little backgound - when I negotiated my own DMP quite sometime ago I never asked for Credit Agreements some of the debts are in the hands of debt collectors etc and I never asked any of them for anything. 1 of them sent one anyway (the big personal loan) and I recently asked the catalogue that wasn't on DMP for one and they cant give it to me.

I have always been of the mind agreement or no agreement I still owe the debt and have endeavoured to pay it, but in simple terms I can not afford to now, so every little helps when it comes to reducing my debt.

Whats I would like to know is this -

Doesnt the fact that I have been paying the debt means I acknowledge the debt and am therefore liable?

Also is it too late for me now to be writing to all the people asking for the CCA and the debt collectors for their entitlement to claim the debt from me?

Could someone post a link about the letters I need to write (if indeed I am entitled to send them after all this time)? I know its here but I'll be darned if I can find it

One last thing, I know that if they can not provide their entitlement to chase the debt and a CCA they cant take me to court, but are they allowed to knock your door, bombard you with calls letters, you know the drill.

I have overdraft debt, catalogue debt, store card debt, credit cards and personal loan.

Any advice gratefully received

Comments

  • floss2
    floss2 Posts: 8,030 Forumite
    bump :wave:
  • stapeley
    stapeley Posts: 2,315 Forumite
    You are entitled to ask for imformation on your account. If you find after these requests that they start ringing you. Politely request all comunacation be by letter only . It does not matter that you have been paying . You can always claim you were pressured in to it .If they do not have notice of assignment and a copy of the CC AGREEMENT , I would stop paying anything .
  • Thanks for that, I remember once asking for one of them to do writing only but they rang relentlessly.

    So ask for a deed of assignment, and CCA, and then if they cant provide one tell them I cant pay anything and in future to contact me only in writing.

    Will that stop them knocking the door. Also what do I in reply to the letters they will send?

    Thanks for your help
  • Thanks for that, I remember once asking for one of them to do writing only but they rang relentlessly.

    So ask for a deed of assignment, and CCA, and then if they cant provide one tell them I cant pay anything and in future to contact me only in writing.

    Will that stop them knocking the door. Also what do I in reply to the letters they will send?

    Thanks for your help

    I am getting increasingly confused! Have I a right to a copy of the CCA that Isigned or not!? (I have been told by Fenton's solctrs I'm not - they sent me an unsigned applic form). If not, how can Iwork out if it's enforceable???
  • So ask for a deed of assignment

    Thanks for your help[/QUOTE]

    Can some1 tell what this is please?
  • stapeley
    stapeley Posts: 2,315 Forumite
    The DCA often use in house solicitors,and do not give you the full story . If all they have supplied is a copy of an APPLICATION FORM . I would not worry the chances are they do not have a enforceable Agreement . A notice of ASSIGNMENT is where the OC have sold the account to a DCA . It shows that the DCA now own that account . Without this NEVER pay a DCA .
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.5K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.5K Spending & Discounts
  • 245.5K Work, Benefits & Business
  • 601.5K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.