Cca Requests Updates Please

rog2

nirelandguy wrote: »

Now my problem is if they do have my CCA I will end up with a CCJ, and I bet the judge will order me to repay more than I am currently repaying on my DMP which I can't afford, this it turn will annoy other creditors and I could easily end up with a dozen CCJ's if this back fires.

Any advice appreciated

I think that you are being, quite understandably, pessimistic, nirelandguy. You should fill in the 'defence' on the County Court Summons. If, as I suspect, it has been issued by Northampton County Court 'Bulk Handling Centre' then, once you have 'submitted a defence' or told them that you wish to dispute the claim, then the case should be moved to a Court nearer you.
Simply explain, in your defence, that you disputed the debt and, as is your right under the terms of the Consumer Credit Act, 1974, you requested a true copy of the original consumer credit agreement, and up to date statement, in order to be able to 'verify' the figures demanded by MBNA. MBNA failed to provide you with this information, or provided you with incorrect information?, within the legally prescribed timespan, thereby rendering any agreement unenforceable without a Court Order.
Furthermore, you do not dispute the fact that you do owe MBNA money, merely that you wanted full clarification. You have been in a DMP since xx.xx.xx and have been making, through your DMP, regular payments of £xx, to MBNA. This amount has been based on your income expenditure statement and represents what the DMP managers have deemed a fair assessment as to what you can reasonably afford. To increase your payment, to MBNA, would mean that you would be unable to meet the payments to your other creditors.
The Court will see that, by virtue of your DMP, you are seriously tackling your debts. They will, also, see that MBNA has not only disregarded their legal obligations under the terms of the Consumer Credit Act, but that they, MBNA, are seeking to use the Courts in order to gain preferential status over your other creditors. Most Courts do not like this, and would be most unlikely to issue a CCJ forcing you to pay any more than you can reasonably afford to pay - it has been known for the Courts to actually issue judgements reducing the amount that defendants have been paying. Furthermore, I doubt very much that the Courts will take a positive view of MBNA for their behaviour.
If the Court DOES issue a payment order, it would be based on your Income/Expenditure statement, and NOT on what MBNA would like you to pay, and any resulting Court Order (CCJ) would be just as binding on MBNA as it is on you.

rog2

fiveyearplan wrote: »

I also sent Cahoot CCA request and they have sent nothing except my £1.00 postal order saying they don't charge for that information (they don't provide it either!). Who do I need to write to and what do I say to report that they haven't sent CCA?

Whether they charge for it, or not, they are still legally obliged to provide you with a true copy of the original cca, within the 12 working days from reciept of your written request.
The 'Statutory Fee' represents a statutory maximum fee that they are legally entitled to charge for this 'service'. It will, doubtless, often cost the creditor/dca much more than £1.00 to provide this information, but this, other than the £1, is a cost that they must bear themselves. Whilst entitled to make a £1.00 charge for this 'service' they are not obliged to charge, yet must provide the service on request, otherwise they can not enforce the agreement.
How long is it since you requested the cca, fyp?

compulsivespender79

Quick update as far as cLOWnELL Financial are concerned;

At my last post I had just sent all the info off to Trading Standards, to date I've not had a response, but it hasn't even been a week yet.

Hampton Legal (Lowell in disguise) have sent me a threat of court action, kindly outlining the 'potential' costs to me should they take me to court.
I have responded today with a letter kindly supplied by the CAG forums, outlining to them their responsibilities under the CCA 1974, telling them quite explicitly where they have failed to comply, and informing them that I have referred the case to TS. I have kindly supplied them with copies of all correspondence with Lowell since my initial request, and a copy of the *ahem* CCA that they supplied.

Hope they don't think I'm getting too big for my boots!

cs

judy_

I sent a CCA request to Fleetwood debt services for a GE Capital bank debt, they returned it saying not at this address, so I found another address for them PO Box 700 Leeds, and resent CCA request with postal order.

I had no reply, but I have started getting phone calls from Vikings, so I did a bit of research on google and they too are at same address PO Box 700 Leeds...which is same address as GE Capital bank.

I presume Fleetwood and Viking are both in house for GE Captial?

IF so, where do I stand with the CCA request...do I send another CCA request to viking or just send them the 30+ day letter as to me they are all sitting in the same office due to having same address?

Hope someone can guide me to what to do next.

Many thanks

Judy

fiveyearplan

rog2 wrote: »

How long is it since you requested the cca, fyp?

31st December - its long past due. Just this morning after posting this I received a letter from a DCA so do I start the whole process over again with them?

stapeley

nirelandguy wrote: »

I have also received back CCJ paper from MBNA, Now my problem is if they do have my CCA I will end up with a CCJ, and I bet the judge will order me to repay more than I am currently repaying on my DMP which I can't afford, this it turn will annoy other creditors and I could easily end up with a dozen CCJ's if this back fires.

Any advice appreciated

HI , rog2 has given very good advice . No one said requesting the CCA was the easy answer to debt problems . But you must not be scared off my the DCA tactics . REMEMBER a DCA can pullout of a DMP at anytime and ask for increased payments . Things could be fine , but then , wham , they start hounding you again . good luck

shinyhead

Hi NIguy,
I think it's very much frowned upon by the judge if they turn up with a CCA and have not supplied you with a copy. I think it's on another thread here that the case was thrown out because of just that. When is your 12+2 date up? Personally I would send back the part asking for more time stating that you are awaiting for the CCA so you can examine it. If they've added a pile of extra interest and charges on the CCJ form you can also dispute that. Also ask for the case to be moved to a county court close to where you live if it isn't already.

If they eventually find against you and the payment is horrendous you have about 14 days to appeal. But hopefully if you've gone to court to defend and you have your I+E paperwork and list of other creditors then it should be sorted there and then should they find against you.

stapeley

Keep in mind that most people don,t bother even defending a summons , that why the DCA take that route . If you choose to defend the case and they do not have a true copy of a CCA., you will mostly likely find the case dropped .

stapeley

I believe that with the credit crunch here , DCA and credit companies will increase pressure to get any amount they can out of a debtor . This will be regardless of if you have a DMP set up or not.

rayday2

stapeley wrote: »

HI , rog2 has given very good advice . No one said requesting the CCA was the easy answer to debt problems . But you must not be scared off my the DCA tactics . REMEMBER a DCA can pullout of a DMP at anytime and ask for increased payments . Things could be fine , but then , wham , they start hounding you again . good luck

How long have you been on a DMP?

There is no backing out involved in DMPs, companies may ask for more but that does not mean they get more.