Cca Requests Updates Please

blind-as-a-bat_2

dino246 wrote: »

Just joined this board and need some help !

1) can someone direct me tothe appropiate letters that I need to send off, There seem to be a number on th BB and I am confused which ones to use.

2) I have a lot of unsecured debt can I apply these letters to overdrafts and flexi loans ? no and yes respectivly

3) As I have been paying my debts with token payment for the last seven years with signed copies of letters sent buy myself does this make any difference to the legalitys ? no

4) I have one debt agentcy who has just written to me to cancel my standing order payments to them. They have just informed me that my debt was issued back to hbos in march this year, although i did not know and have been sending the Dc payments every month, which they tell me they have been forwarding onto HBOS.
Who should i send the CCA letter two, does it matter ? HSBOS , it doesnt really matter as agents are supposed to refer it to whoever holds the CCA anyway sec 175 of the CCA act i think

5) Does my debt get written off if they cannot prove a copy of my signature on the contract, or can they try and reclaim it at a later date. not exactly, it means they cant persue collection by demand, but they can ask nicely, that bit is complex but thats the basic idea

6) i have default notices, no ccj & £70k unsecured debt, will my credit file be cleard if i am succesfull, again in theory it should be, but it is hard to achieve

Any help is much appreciated

Thats a very simple view without going into detail

blind-as-a-bat_2

gazindebt wrote: »

have only just stopped using card this year so does 6 year rule apply still

Its six years from closing the account to comply with money laundering rules i believe, im sure i will be corrected if its not

dino246

blind-as-a-bat
thanks for your help.
WHEN YOU SEND OUT THE LETTER WHY DO YOU NOT SIGN IT ?

fermi

dino246 wrote: »

WHEN YOU SEND OUT THE LETTER WHY DO YOU NOT SIGN IT ?

Some people in the past have found that DCA's miraculously found a signed agreement shortly after you send them your signature. :rolleyes:

Funny that! Especially when it's not the same signature they were using when the agreement should have been made.

Not saying by any means that any particular DCA/creditor would do that, but it probably pays to be cautious.;)

dino246

Thanks Fermi
Have you succesfully been through this process. I am unsure what to do as my debts equote to 75k, yet i am under no pressure from DC, and my token payments are minimal.
This process doesnt clear the debt, but just stops enforcment of the debt ?

Are people still paying payments after a succesfull process or just leaving it until they creditor finds the original signed agreement. Couldnt they come back with compound inrest charges etc at a later date ?

stapeley

dimo 246 , do you own a property ? Would not bankrupcy be a option ?

dino246

no property, sold it to release equity to pay off other debts. Have looked at it, just did not want to go down that root really if a- another way could be found.

bathgatebuyer

Hi - I've just been told by Egg that if I want to see a copy of my CCA I should go online via the following route:
You can view the Credit Card Agreement on the Egg website, by following the instructions below:

*Type 'www.egg.com' into your web address bar.
*On the right, select 'Egg Card-find out more'.
*On the right select 'Small print'.
*Then select 'Egg Card Credit Agreement'.

What transpires is a copy of the small print for their present card offers, not mine.

stapeley

stapeley wrote: »

Having started on this action in DEC , THREE DCA have all failed to provide an enforceable CCA !

Despite several threatening letter from different DCA,s I still have not been taken to court !

The facts are ,
Loan companies and credit card companies sent out application forms and issued loans and credit cards without much care .
What should of happened was after applications were successful , a CREDIT CARD AGREEMENT FORM WITH ALL THE PERSCRIBED TERMS AND CONDITIONS WITHIN A DOCUMENT , should then have been signed by an applicant
This signature box should have been located at the end of the document ensuring that the terms and condition were read before signing .
The loan company should then have signed the AGREEMENT FORM , FILED IT SECURELY and sent you a copy with the LOAN OR. CREDIT CARD .
This format was not followed correctly by a large number of companies . Too late they realised this and put pressure on the grovenment to amended the CC ACT to cover themselves .
If the CC companies and LOAN companies were certain that they have a correctly formulated agreement enforceable in law , WHY WOULD THEY WANT TO SELL THE DEBT OFF FOR PEANUTS TO DEBT COLLECTION AGENTS ?
Anwsers on a post card please !

stapeley

8.30 tonite BBC ONE !