Cca Requests Updates Please

Joshellie

stapeley wrote: »

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

Thanks for your reply - I contacted one of these about 2 years ago - the main idea given by them was for my partner to go bankrupt (as more of the debts were in his name) but unfortunately we've never been able to afford to do this. I know it doesn't seem a lot but when all you have is the state pension each week it's a fortune. Capquest has said the debt will be reduced to £794. if we pay now - my question is 'do I contact them and offer to pay monthly? Or do I wait, let it go to court and then offer to pay so much a month?
Thankyou

pebbles88

BlueIsTheColour wrote: »

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

hiya,

thanks, i did laugh when i got the letters asking for signatures mind!!

Joshellie

GeorgeUK wrote: »

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.



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


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.

Thanks GeorgeUK for your reply - the debts are all personal ones - as we were a new business we couldn't get a business loan, although the loans we took out were to use for the business. The statutory demand letter says that 'their intention is to issue the Statutory Demand on or around the 02 Feb 09 where it will be personally served on us'.
Now I don't understand the actual procedure of all this but surely they have to get a CCJ first?
Thanking you again for your advice.

eyeopener2

Ricky38 wrote: »

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

Hi

You have CCJ and the only way to get this overturned is via the Court. You should keep paying as this is a Court Judgment and unless it is overturned Capquest can quite happily send the bailiffs in.

You needs grounds to have the CCJ overturned and if you admitted the debt to the court when you filled the paperwork in your snookered i'm afraid. Might be best to start paying again.

I know thats probably not what you want to hear but non payment of a CCJ will only lead to more trouble.

Ricky38_2

Hi there Eyeopener 2,

Thanks for your advise,
The Council debt advise councillor at the time told me that capquest couldn't have their cake and eat it.
He said they had done the worse possible thing they could do which was to serve an inhibition order. ( which he has never heard of in such a small debt )
He said at the time that he couldn't advise me not to pay any more due to
his position but due to his tone and expressions at the interview I got the
idea and stopped paying nearly 1 year ago and have heard nothing from
either the solicitor, capquest or the courts as regards non payment .
Even my recent exchange of letters with capquest has never once mentioned non payment.
My debt advice councillor says that there is nothing else they can do
and the only way I will now have any problems is if I try to sell my house
which is very unlikely in the current crisis
I do think however that when I filled in and signed the court papers
there was a section that mentioned that I was admitting liability for the debt.
Ricky.

GeorgeUK

Joshellie, as this involves some legal issues of which i have very little knowledge of, i would suggest also going to the consumeractiongroup forum and posting a new thread in their legal section. The replies to the threads are not always as fast as this forum, but the legalities and procedures they really know about. They may also be able to tell you if you are classed as "vulnerable" and which benefits should not be used in calculation for debt payments.
http://www.consumeractiongroup.co.uk/forum/legal-issues/

I think any loans or creditcards where you borrowed £25,000 or less, you should request a copy of the CCA. If all of these were taken out before 6th April 2007, they need to provide a copy of the cca AND it must have all the required prescribed terms on it to be enforcable. Do you know when the last payment you made towards each debt was? If not payment is made towards a debt or letter acknowledging the debt is made in 6 years, then the debt becomes statute barred.

Hopefully they'll be able to tell you a little more about the statutory demand too, but as i understand it they would need to pay to make you bankrupt so you would not need to worry about the cost of that anymore. I'm not sure the legal board is the right place to post this query, but i'm sure they'll be able to clarify some things for you.

Joshellie

Thankyou GeorgeUK for all your help, I've posted a new thread on that forum and will hopefully get some replies.
Thankyou again.

mark1966

Hi all

Just sent off today my first cca request to credit ancillery services (cas) who have bought a egg credit card debt.

Will let you know how i get on

Mark

Red1983

Hi eveyone, I have asked a few question on here before, and as this is for update, I thought that I had better give updates.
Moorcropt, behalf of Egg: sent first letter, recd CCA but with no credit limit on, still have not sent SAR, but returned postal order, and in letter said 'returning 1.00 fee for CCA' but the postal order was for 10.00 for the SAR and CCA. Have sent 2nd letter, offering payment of what I can afford, though also sent default letter for lack of SAR, the deadline has now passed as all this was started on 3rd of December 08. Am now starting to write final letter of COMPLAINT and DEFAULT in regards to breach of Data Protection Act, and will start procedures with the ICO (information commisioners Office), OFT, and TS. Does anyone know if you can claim compensation for breach of DPA with the FOS?
Inturmp Just(NOT)istia! Argop (spellings in error on purpose) have advised that they cannot provide the info requested and are passing back to original DCA!!!! BIG NO NO!! and returned Postal order, have sent second letter reminding of their obligations and certain measures will be taken if this happens, again asked for information requested and resent Postal ord.
Intrump Just(NOT)istia AGAIN Minty Have advised that they cannot provide the information requested and to ask the OC directly, returned Postal order!
I sent Second letter, AGAIN advising of obligations, and resent postal order,
Roxyburgh have acknowledge with a letter, but deadline is tomorrow.
Debty managers, after first letter sent, replied with a check list, with a hand written tick in one of the boxes saying they are working on it in so many terms! what a crock of crap!
Capy Oney! have just completely egnored the request and deadline is tomorrow!! oh, they did send a letter stating that payment hasnot been made for three months! yeah ok, my bank can prove otherwise, so THERE!
Oh, got a letter from Sains and Intrump saing Intrump have bought debt, so have sent first CCA today.
Ok, so next step, wait for deadlines, send third letter of Default and Complaint, and will let you all know what happens. Hope this can help someone with the process on outcomes, if I can help anyone, please let me know and I will do my best.
I don't suppose anyone has any suggestions about outcomes once complaining to ICO for breach of DPA?

Love to you all

Red

banana1975

Red1983 wrote: »

Hi eveyone, I have asked a few question on here before, and as this is for update, I thought that I had better give updates.
Moorcropt, behalf of Egg: sent first letter, recd CCA but with no credit limit on, still have not sent SAR, but returned postal order, and in letter said 'returning 1.00 fee for CCA' but the postal order was for 10.00 for the SAR and CCA. Have sent 2nd letter, offering payment of what I can afford, though also sent default letter for lack of SAR, the deadline has now passed as all this was started on 3rd of December 08. Am now starting to write final letter of COMPLAINT and DEFAULT in regards to breach of Data Protection Act, and will start procedures with the ICO (information commisioners Office), OFT, and TS. Does anyone know if you can claim compensation for breach of DPA with the FOS?
Inturmp Just(NOT)istia! Argop (spellings in error on purpose) have advised that they cannot provide the info requested and are passing back to original DCA!!!! BIG NO NO!! and returned Postal order, have sent second letter reminding of their obligations and certain measures will be taken if this happens, again asked for information requested and resent Postal ord.
Intrump Just(NOT)istia AGAIN Minty Have advised that they cannot provide the information requested and to ask the OC directly, returned Postal order!
I sent Second letter, AGAIN advising of obligations, and resent postal order,
Roxyburgh have acknowledge with a letter, but deadline is tomorrow.
Debty managers, after first letter sent, replied with a check list, with a hand written tick in one of the boxes saying they are working on it in so many terms! what a crock of crap!
Capy Oney! have just completely egnored the request and deadline is tomorrow!! oh, they did send a letter stating that payment hasnot been made for three months! yeah ok, my bank can prove otherwise, so THERE!
Oh, got a letter from Sains and Intrump saing Intrump have bought debt, so have sent first CCA today.
Ok, so next step, wait for deadlines, send third letter of Default and Complaint, and will let you all know what happens. Hope this can help someone with the process on outcomes, if I can help anyone, please let me know and I will do my best.
I don't suppose anyone has any suggestions about outcomes once complaining to ICO for breach of DPA?

Love to you all

Red

Hi

I have also received a letter from Connaught stating that they are passing the debt back to original DCA. What letter do I send in regards to this as you mention that they have obligations.

Thanks

Jo