Cca Requests Updates Please

blueforyou

gca2009 wrote: »

Hi,

Does anyone know which companies people have had success with getting their debts written off via the agreements that were unenforceable under the CCA 1974?? Natwest? A&L? Capital One? HFC?

Thanks

Hi GCA. Debts are not written off, they are merely unenforceable. Should they remain so, then after 6 years they cannot be chased at all and I understand they can then be removed from any credit history checks

Bazza66

blueforyou wrote: »

Hi GCA. Debts are not written off, they are merely unenforceable. Should they remain so, then after 6 years they cannot be chased at all and I understand they can then be removed from any credit history checks

Defaults, etc on credit files will drop off after 6 years regardless if they have been settled or not. You normally do not need to do anything since this happens automatically. So always worth checking your CF every now and then.

Bazza66

cocker100 wrote: »

The 30 day criminal offence no longer applies. Just omit this from the template letter.

But it may be worth adding to the 12+2 letter some of the points from the 12+2+30 letter but just ommiting the 30 day rule.

Itsallgonepearshaped

Sent off a 12+2 to Capital One last week but just had a call from Debitas wanting some cash. They originally wouldn't tell me who the debt they were chasing was with - only that it was a Mastercard but I eventually got out of them it was Capital One. Sounded like an Indian call centre and they weren't very happy when I told them I wasn't obliged to pay anything until I was given the correct paper work. Quote from them (Debitas Legal Services !) -"you keep saying legally this, legally that - I just want to know how much you're going to give me today or we will transfer your account." in answer to legally I don't have to give you anything until I get the correct paperwork is received and legally you can't pass the debt on until this has been received either so they obviously haven't been trained up. Anyway it got a bit heated towards the end and they ended up slamming the phone down on me. Just calming down myself - I'm not usually an argumentative type !

What should I do now - do I need to write to Debitas with a copy of the Capital One default letter or just leave it ?

Bazza66

Itsallgonepearshaped wrote: »

Sent off a 12+2 to Capital One last week but just had a call from Debitas wanting some cash. They originally wouldn't tell me who the debt they were chasing was with - only that it was a Mastercard but I eventually got out of them it was Capital One. Sounded like an Indian call centre and they weren't very happy when I told them I wasn't obliged to pay anything until I was given the correct paper work. Quote from them (Debitas Legal Services !) -"you keep saying legally this, legally that - I just want to know how much you're going to give me today or we will transfer your account." in answer to legally I don't have to give you anything until I get the correct paperwork is received and legally you can't pass the debt on until this has been received either so they obviously haven't been trained up. Anyway it got a bit heated towards the end and they ended up slamming the phone down on me. Just calming down myself - I'm not usually an argumentative type !

What should I do now - do I need to write to Debitas with a copy of the Capital One default letter or just leave it ?

If the 12+2 days has already passed then the account is in default and cannot be passed on. There is a template letter to send to Debitas saying something along these lines. I will try and find it for you.

Bazza66

Bazza66 wrote: »

If the 12+2 days has already passed then the account is in default and cannot be passed on. There is a template letter to send to Debitas saying something along these lines. I will try and find it for you.

Here you go

http://forums.moneysavingexpert.com/showpost.html?p=19468491&postcount=2223

Itsallgonepearshaped

Great - thanks Bazza - I'll get it in the post to them tomorrow ..

cocker100

Hi all,

Well today is day 4 of 12 since a sent Equidebt a CCA request and today i've received another letter.

Still no sign of the CCA, but they have sent an offer of a full and final settlement of 50% £7000 of debt reduced to £3500!

Not bad, but me thinks they dont have the CCA, or at least an enforceable one and are trying there luck.:D

Doesn't help them anyway as I dont have a spare £3500 lying around!!:rolleyes:

Cocker:)

Itsallgonepearshaped

cocker100 wrote: »

Hi all,

Well today is day 4 of 12 since a sent Equidebt a CCA request and today i've received another letter.

Still no sign of the CCA, but they have sent an offer of a full and final settlement of 50% £7000 of debt reduced to £3500!

Not bad, but me thinks they dont have the CCA, or at least an enforceable one and are trying there luck.:D

Doesn't help them anyway as I dont have a spare £3500 lying around!!:rolleyes:

Cocker:)

Had the same thing with MBNA but beat you with the F&F reduction - £36k down to £11.5k (originally £17k before I sent the CCA request). I really wish I had the cash spare to take them up on it - would make life a lot less stressful and would take one of my creditors out of the equation !:p

blueforyou

If you have gone through the 12+2 path and have not received a CCA, and you have also done the 12+2+30 letter (I know this is now not needed in full), would you ignore completely any further correspondence from the DCA?

Its tempting to remind them of their ignorance of the law, but is it worthwhile?

Would evidence of you maintaining contact and requesting again and again that they supply the CCA be better for you if you went to court?

Just seeking peoples experiences and opinions on this.....