Cca Requests Updates Please

Ricky38_2

Hi all,

I need some advice,
I have received a letter from aktiv kapital who after I had asked for a copy of my signed consumer credit agreement said they can't find one but as I had been paying a token payment to the amount owed every month this shows that , Quote "deemed your admission of liability in this matter".
They wish monthly payments to continue on this basis.
Am I obliged now to continue payments?

Ricky.

GeorgeUK

one-day wrote: »

what do i do when the company says they are trying to track my cca and will get back to me but its past the 12+2 days ??????

They are basically stalling for time - they have had the 12+2 working days to provide a copy of the CCA. If they have failed to do this, you should send the 12+2 day letter which informs them of what you require them to do as they have been unable to comply with your request.

Ricky38 wrote:

I have received a letter from aktiv kapital who after I had asked for a copy of my signed consumer credit agreement said they can't find one but as I had been paying a token payment to the amount owed every month this shows that , Quote "deemed your admission of liability in this matter".
They wish monthly payments to continue on this basis.
Am I obliged now to continue payments?

"They wish" - i bet they do. You are not disputing whether you are liable or not for a debt, you are disputing whether the debt is enforcable or not. Just because they cannot find a copy of the CCA does not mean that they can just ignore a legal requirement which is what the CCA request is. If you don't have a default on your file for that debt, then there is a chance they will put one on. This is the only drawback to CCA's but they shouldn't even be doing that as they cannot prove that the debt is yours. After the 12+2 working days, the debt becomes unenforcable and payment need no longer be made. Next step is to send the 12+2 day letter. If they then continue to pursue you for the debt, report them to OFT and TS.

Joshellie wrote:

I am completely new to forums so hope you'll bear with me. We have received a letter from Capquest regarding a statutory demand.
Our background is that we ran a business until the end of December 2005 and closed it owing quite a lot of money (around £30,000) mainly to banks and credit card companies. We are both pensioners have no assets and live in rented accomodation, we receive the government state pension and housing benefit. We are paying £25 each per month to the Inland Revenue and I have a £20 per month CCJ to Barclays. We receive regular demands for repayment from various companies.
Yesterday a letter arrived from Capquest who had bought the debt of £1323.76 from Shop Direct, does a statutory demand mean that they will make us bankrupt and take our furniture? We have a car but that is under the Motability Scheme and obviously belongs to them.
If anyone can help I would be very grateful - I know this is all our own fault but my partner is quite ill and I do not want to worry him with all this.

Joshellie, i'm really not too sure about this but i think you should definately contact one of the free debt charites.

Professional, free and impartial advice on debt problems can be obtained from several charitable and 'not for profit' organisations. They never make a penny from the advice they give, which means it will be given with only your best interests at heart. You can contact:

Your local CAB Office and ask to speak to a 'money advisor'
The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111
National Debtline - Tel: 0808 808 4000
Payplan - Tel: 0800 917 7823

What i'm not sure about - if this is personal debt or business debt. I believe they are dealt with differently.
Vulnerable people have some form of protection - i have not read up on this so cannot comment on what benefits can be used for payment of debts etc
Did the letter state that they would be issuing a statutory demand, that they may issue one, or have they issued one already? This is something you should talk over with the Debt charities.

In many cases where a statutory demand is issued, this is only a warning - trying to scare the debtor into paying. You may need to let them see that it's not a case of you won't pay, but that you can't.

If these are personal debts that are covered by the consumer credit act (creditcards, loans and HP), then it may be possible to request a copy of the customer credit agreement. If they are unable to provide a copy or certain terms are not included in the agreement, payment need not be made until they can produce an enforcable CCA or a judge rules that payment is required.

Ricky38_2

Hi all,

I'm in need of more advise,

In Nov 2006 I was being hassled by capquest in their usual pleasant way over a debt of £920.
I eventually decided to ignore them.
In May 2007 I started getting letters from a solicitors firm threatening court action, which I ignored.
In late June 2007 I received court papers for the above debt citing capquest as the pursuer, I filled in the paperwork and sent them in.
The court date was July 2007, so after this date I called the court who directed me to the solicitors to ask the outcome.
I was informed that a ccj was granted and they would pursue, I made arrangements to pay £40 per month at 12.25pm on Friday and by 1.05pm the same day I was served with an inhibition order by sheriffs officers.
They must have applied for this at the court of sessions within hours of gaining the ccj judgement.
I paid the £40 for 7 months and decided to contact my local council debt advice centre who were shocked at the over the top way that capquest had reacted to such a small debt (especially the inhibition order).
They said they couldn't tell me to stop paying but I got the message and stopped payments and heard nothing more.
I had been reading this site for a while and decided to ask capquest for a copy of my signed consumer credit agreement, anyway after much hassle it turns out that they don't have it.
They have sent me a letter asking me to contact them on a freephone number to discuss my account ( I am reluctant to do this ).
I have a ccj and an inhibition order against my house and have paid £280 towards this debt.
What do I do now?
Do I phone them?
Can I get all the above removed from my name and address?
Can I get my money paid back?
Will I be able to extract some consumer's revenge and sue them as they did to me?
Could you give your advice please.

Ricky

BlueIsTheColour

Well still no word from BCard, their final cut off date was last Friday, it obviously doesnt bother them that they arent responding to their customers in a timely manner, although I suspect something must have happened behind the scenes as I have heard nothing from Mercers or Calders since just after Christmas and thats most unusual......

Have also CCA'd Moorcrap after HBOS sold my debt onto them.....

Watch this space

blueforyou

Thanks GeorgeUK for the legislation links. Although they did not take me directly to what I wanted, they took me down two other lines of enquiry which got me most of the info. I'll be posting some links soon if anyone wants/needs to know where various requirements and time limits are actually quoted.

cocker100

Hi all,

Just been checking my credit file on line and found that Lloyds TSB are still making adverse credit references against me regarding my credit card, even though the account is in dispute and no CCA has been produced!:mad: :mad:

This has really got my back up and i'm now going all out to get my own back at them. I've had enough of their silly games!

They are getting no more money out of me until they can produce a valid true copy of the executed credit agreement. If they haven't got it anymore then tough, i'm paying nothing else to them and will concentrate repaying my fair and understanding creditors only.

I think now is the time to start reporting them to the authorities for their constant breech of the regulations. Any advice on what letters to send off to report them and to who???

Cocker:)

cocker100

One more thing!:o

Anyone had any success at reclaiming ppi on a credit card in arrears and included on a DMP?

I think that i'm so p****d off at them becuase most of the balance on this card would be cleared if a ppi reclaim was successful. I know it was mis-sold because they said it was essential to get the card in the first place!

Not even mentioned the ppi to them in any correspondance yet.

Cocker:)

pebbles88

Hello all,

sorry to butt in, but i really need some advice, i have looked thru all the forums and am struggling to find help with this, and i have posted my own thread, but havent had answers to my new questions..

http://forums.moneysavingexpert.com/showthread.html?t=1388349

a few days ago, i received 2 letters from my catalogues (kays and littlewoods) after requesting my cca. both state:

unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contratual variations which have taken place.

according to our records, the account was opened on (1/6/2000 - kays) and (17/8/98 - littlewoods), they then say that the balance is £x amount and that we have made £x amounts of payments over the last 12 months.

in accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative - this was in bold.

so what can i do now in regards to them?? does this mean in unenforceable?? can i offer Full and finals?? how do i do this??

also i have received letters back from natwest and tesco CC following a letter stating that i can only pay a token payment of £1 till we get back on our feet, they have snet the same letter stating that as i havent signed the orig letter they cant action anything, there is a box on the letters asking for signatures (which i know from on here i shouldnt sign), they also say i can ring them to start things going?? natwest account was opened in 1998, tesco in 2006. i have sent CCA letters of to both following these letters, but havent a clue what happens now!!??

Please please can someone advise me?

BlueIsTheColour

Hi Pebbles

Not sure about the catalogues stuff am afraid, although on reading it, it sounds a bit suss to me, but as I say I dont anything, there are people who will be along soon am sure, well maybe tomorrow now given the time of night!!

Have a look at post 10 on here, this will give you a letter to send about them asking for signatures, sneaky g*ts!! And definitely dont ring them!

http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

stapeley

Joshellie wrote: »

I am completely new to forums so hope you'll bear with me. We have received a letter from Capquest regarding a statutory demand.
Our background is that we ran a business until the end of December 2005 and closed it owing quite a lot of money (around £30,000) mainly to banks and credit card companies. We are both pensioners have no assets and live in rented accomodation, we receive the government state pension and housing benefit. We are paying £25 each per month to the Inland Revenue and I have a £20 per month CCJ to Barclays. We receive regular demands for repayment from various companies.
Yesterday a letter arrived from Capquest who had bought the debt of £1323.76 from Shop Direct, does a statutory demand mean that they will make us bankrupt and take our furniture? We have a car but that is under the Motability Scheme and obviously belongs to them.
If anyone can help I would be very grateful - I know this is all our own fault but my partner is quite ill and I do not want to worry him with all this.

Thankyou

HI , you need to contact one of the debt charities for advice . good luck