Cca Requests Updates Please

sa1

re 1460, well said stapley , i agree

Janey51

Broken_hearted wrote: »

wait till its re enforced by the courts then you can pay court costs too. Has anyone actualy benefitted from this insane crusade to hide from debts they know they owe.

I don't normally respond to comments like this but I really feel you should have thought a bit more before posting this comment.

I have never denied I owe the money. What I do object to is the DCAs adding charges of £25 a month to an account I am paying through a DMP administered by the CCCS who say they are powerless to stop them.
My debt is mostly made up of debt I took on from my husband following redundancy, illness and then the death of my husband in June leaving me alone. I have been off sick since and the stress of this debt is making me even more ill as I am on basic State Sick Pay and a small pension.

I missed one month's payments to my creditors on the advice of the CCCS and the DCAs/Ocs ignored the letters that CCCS sent out to them explaining I had just been bereaved. They sent me letters saying "pay up or else" and started to add charges.
I now owe more than I did 2 years ago. CCCS have set my payment to one DCA at £9.34 per month and they are adding £25 a month in charges
Would you carry on paying them
I am a cash cow for them and will take the debt to my grave.

If I was really hiding from my debt, I would have gone bankrupt.

Please please don't judge everyone. I know there are some people who "won't pay" but most of us just want a chance to pay what we owe and be treated fairly by our creditors.

I grieve for a great man who slogged his guts out for all his working life and died suddenly aged 56. He had never sat on his backside. Never got state benefits. Only had a few days off sick in his whole life. Used his redundancy money (after 27yrs in a horrible job) to try and set up a business rather than squander it on fancy holidays or posh cars.

methusala_2

At the end of the day I have no idea where Broken Hearted got the idea I am on an insane crusade to avoid my debts when all I asked for was clarification of which is correct out of two conflicting pieces of advice.

Meth

rog2

Broken_hearted wrote: »

wait till its re enforced by the courts then you can pay court costs too. Has anyone actualy benefitted from this insane crusade to hide from debts they know they owe.

BH - the use of the rights, afforded to a debtor by the Consumer Credit Act, 1974- and subsequent amendments - is fully enshrined in British Law.
I, among many others on this forum, go to great pains to point out that it is not a 'crusade to hide from debts they know they owe'. Rather, BH, it is an instrument that can put the 'debtor' in control of his debts, whether alleged or true.
Yes, of course there will be a risk that, should the Court rule that the agreement is enforceable, then that 'debtor' may incur the Court costs, although that 'debtor' does have the opportunity of proving, through his defence, that the claimant has failed in his legal duty under the Act, thus obliging the Court to consider, seriously, the option of declaring the areement 'irrideemably unenforceable'.
Even, however, in the case that a Court does declare that the areement is enforceable, there is a certain 'finality' about a Court Judgement; the 'debtor' has the (again legal) right to make an offer of payment, by instalments, at a rate that the 'debtor' can afford, rather than being constantly harassed, by greed driven debt collectors, to pay off the 'debt' irrespective of that 'debtors' personal circumstances.
Equally, a Court Judgement, will be just as binding on the claimant as it is on the defendant - we often hear of cases where the Courts decide that the defendant can pay at a much lower rate than that 'required' by the claimant, and, yes, we do see cases where costs have been awarded against the defendant, but, also the Courts can rule that costs are borne by the claimant.
Either way, any attempt, by that creditor/dca to harass the defendant into making higher, or additional, payments, or the imposition of additional 'charges' by the creditor/dca, after a Court Judgement, would be illegal.
As already said - Nobody on this forum is saying 'use the Consumer Credit Act' to write off your debts - we leave that type of ridiculous statement to the new breed of 'Ambulance Chasing' companies that the OFT are warning us all against using.
What, in fact, we (well me at least) are saying, BH, is that 'Dealing with Debt' is a minefield. Creditors and DCAs will, rarely, point out to an often terrified debtor that the 'debtor' has rights, nor do they usually point debtors
in the direction of those oranisations, and forums such as this, who can help a debtor explore his rights.
I hear none of those organisations, nor this forum, shouting out 'Come here for advice on Debt Avoidance - in fact, quite the opposite.
BH, you have taken advice, and used that advice, in dealing with your debt problems, whether that advice was 'full and final settlement' or 'token payments' to your creditors. It was, for you, the right advice, and nobody, here, has suggested that, by making a 'full and final settlement' of around 30% on a debt, that you were trying to avoid your responsibility - in fact your thread, served as a shining example as to exactly how 'debtors' can use the facilities at their disposal, provided that they are aware of those facilities.
And that, BH, is precisely what this forum, and this thread, does - it makes 'debtors' aware of the options legally open to them, and provides mutual support to that 'debtor' when dealin with debt in whatever option is right for them.

Sorry to have gone on for so long.

Broken_hearted

Oh rog how I wish that were true.

Word of warning on Halifax is selling on the debt they don't have CCAs for and there very rude Blair Oliver Scott call centers most of the staff don't even know what one is.

rog2

methusala wrote: »

I have been following your advice threads and have a question. There seems to be 2 schools of thought running at the moment on DCA's that do not provide a CCA in the 12 days and enter a default situation. You have repeatedly said even if the DCA now send a valid CCA it remains unenforcable without a court order. Others are saying no, once a valid CCA is provided,the debt is again enforcable without going to court. Any chance of a confirmation either way ???

Sorry to be a bit late in replying to your question, meth, - events tended to 'overhadow' your very relevant query.

The short answer, meth, is that there is no short answer. If a dca/creditor does not provide you with a true copy of the executed consumer credit agreement within 12 working days of receipt of your request, yet subsequently comes up with an agreement, then yes - legally that creditor/dca would need the permission of the courts in order to enforce that agreement - I make that statement based on advice from National Debtline and the OFT website, as well as having spent many hours trawling through the Consumer Credit Act and its many subsequent amendments.
Whether a 'debtor' chooses to force that creditor/dca into taking him to Court will, of course, depend on the actual circumstances of the 'debt' and why the 'debtor' requested the cca in the first place - it may well have been that the 'debtor' had previously paid the alleged debt in full, or even that the 'debt' did not belong to the alleged debtor, in fact there are a myriad of reasons why the 'debtor' may choose to tell the creditor/dca that if they wish to enforce the agreement, then they must seek the Court's permission. Often, for an alleged debtor, it will only be at Court, that he is able to put his 'defence' to unbiased ears and, havin had a lot of experience at the hands of the Debt Collection Industry, I can assure you that the binding judement of a Court is far more acceptable than the constant, yet inconsistent, harassment from some of the less desireable elements of the Debt Collection Mafia.
So I certainly stick with the advice given to me in that, yes, if a creditor/dca fail to provide a true copy of the original consumer credit agreement within 12 working days of a request by an 'alleged debtor' then, in order to enforce any subsequently produced cca, then they must seek permission from the Courts.

stapeley

Thank you ROG 2 as always . Have a good XMAS.

rog2

stapeley wrote: »

Have a good XMAS.

You too, stapeley, although I hope we will see you around before then. :rolleyes:

methusala_2

Many Thanks Rog2,
Your explantion is expansive and logical. For me, it means I'm in the driving seat and can pay the debt at a sensible rate and not the rate the DCA seem to think is sensible.

Meth

stapeley

Decided to withdraw my last two posts ,do not want to be thrown off the website , after all you can not CRUSADE with out a forum .