Cca Requests Updates Please

[Deleted User]

Please send the default letter as they have not complied by sending you the requested CCA and have committed an offence. This will give you far more bargaining power over them when it comes to proposing a payment plan. Remember they can not take what you do not have! Send them a statement of affairs which shows your incomings and outgoings and then write a token offer based on your disposable income, even if it is £1 a month if this is all you can afford then so be it. Also write to all companies who are harassing you, there is an anti-harrasment template letter on here somewhere, that should make things a little quieter for you.

BlueIsTheColour

Thanks you Drinkupretty, I have communicated with them all along, through CCCS's advice, so they are more than aware of my situation, they just dont like it, obviously. I guess because I just dont really understand the letter I was worried what would happen if I sent it? Presumably I send it and carry on making my £1 payments, even though the letter talks about asking them to remove data etc?

[Deleted User]

You can always add to it that as a gesture of good will you are willing to offer them a token payment of £1 a month instead of the bit telling them to remove your data. As they have not supplied a CCA the debt is not enforceable so they can either accept your offer or lump it, they can't take you to court because they have not produced a CCA in the 12 day period as specified under the law. Basically right now you have them over a barrel which is a great place to be with DCA's.

BlueIsTheColour

Thanks again, thats good to know as the woman I spoke to today mentioned that when it gets sold on at the end of Jan they could apply for a charging order on my house due to the large balance OS, presumably a scare tactic, but I guess I need to send the letter off pretty sharpish so that they don't sell the debt on and I have to go through all this again???

pepe2008

Send them the default letter. they cannot make ANY charges ( inc interest ) while they have failed to produce CCA.

Broken_hearted

Nothing happening here, I prefer screaming phone calls to deafening silence.

BlueIsTheColour

Thanks Pepe, I will send it off tomorrow, I think because its so wordy and legal sounding its scared me a little, and I'm not sure what I am possibly getting myself into, or what they can do after they have received it?

pepe2008

BlueIsTheColour wrote: »

Thanks Pepe, I will send it off tomorrow, I think because its so wordy and legal sounding its scared me a little, and I'm not sure what I am possibly getting myself into, or what they can do after they have received it?

the letter itself changes virtually nothing, it shows you are serious though. The debt will remain there but unenforceable, unable to pass on to another scum-bag DCA and no charges can be made!
the next bit is the tricky bit...getting them to admit that they are wrong and write it off.........you can stop paying, if they try to go to Court thats where they will come unstuck....but they shouldn't without a CCA.

Broken Hearted....I think that the DCA vermin have stuffed themselves at Xmas so even they are having some time off.....bring on 2009

BlueIsTheColour

Thanks Pepe, so basically there's nothing they can do as a result of sending it really? I should just keep paying the £1 and hopefully they will stay quiet? Fingers crossed eh? Will send it tomorrow for sure, sod them, they've not done what they said, they're not nice to deal with, so why the hell not!!

Thanks again

[Deleted User]

I read that the 30 days default clause has now been repealed and that an offence is no longer committed if a company fails to submit a CCA in the 12+2+30 time period. So does this mean that if they were to send you a valid copy of your CCA after this period that the debt is then enforceable again? If so what is the point in asking for a CCA? All my CCA requests are for cards taken out previous to 2007.