Cca Requests Updates Please

10past6

MS_Dolphin wrote: »

Also included was a current terms and conditions leaflet.

When did you open this account?

MS_Dolphin

10past6 wrote: »

When did you open this account?

Opened Sept 2000

10past6

MS_Dolphin wrote: »

Opened Sept 2000

Humm, interesting

Why are the T&Cs of your agreement showing fees of £12.00 :j :j

http://img212.imageshack.us/img212/4292/capitalonetc5.jpg

That agreement did not come into play until 2006

MS_Dolphin

10past6 wrote: »

Humm, interesting

Why are the T&Cs of your agreement showing fees of £12.00 :j :j

http://img212.imageshack.us/img212/4292/capitalonetc5.jpg

That agreement did not come into play until 2006

Ok,

Now for the big question

I've sent off 7 CCA requests - had 2 replies and comments suggest I may have a case with both of them. The others are yet to reply

I'm VERY close to having to make a decision regarding undertaking an IVA.

If I start the process of negotiating for an IVA, does this stop me from continuing to challenge these agreements - and vice versa, if I keep up the process with these, will it cause problems if they prove to be enforceable and I then go for an IVA?

10past6

MS_Dolphin wrote: »

I'm VERY close to having to make a decision regarding undertaking an IVA.

1st question, do you own your home / mortgaged?

Next, what's the companies name re the IVA?

MS_Dolphin

10past6 wrote: »

1st question, do you own your home / mortgaged?

Next, what's the companies name re the IVA?

Yes I own my own mortgaged home, with minimal equity. I do have other assets, but not enough to cover. After initially going to CCCS, on their recommendation I am speaking with Grant Thornton. I have their agreement on my desk awaiting signature to take the IVA further.

10past6

MS_Dolphin wrote: »

does this stop me from continuing to challenge these agreements

If you include the debts within an IVA, then you've "Acknowledged" the debt.

There is no need to ever run into an IVA, you have all the time you require to decide if it really is the best option for you.

If any creditor is unable to produce a valid agreement, are you in a position to negotiate a F&F with them?

MS_Dolphin

10past6 wrote: »

If you include the debts within an IVA, then you've "Acknowledged" the debt.

There is no need to ever run into an IVA, you have all the time you require to decide if it really is the best option for you.

If any creditor is unable to produce a valid agreement, are you in a position to negotiate a F&F with them?

2 issues here really - firstly, out of the 7 it depends on how many of them come back with an enforceable CCA - if 5 do and 2 don't, then the way I see it is I'm still going down the IVA route. My monthly figure determined by the IP will still be the same, but split between fewer creditors.

The second issue is my own lack of knowledge as to what happens next. Citing the Capital One case above for example, I may have a case given your comments, but what happens next? At the appropriate time I send the 12+2 letter, we back and forth with letters until either it goes to court; I bottle it, or they put up a figure for a F&F to make the situation go away?

My lack of knowledge here makes it hard for me to take a decision.

10past6

MS_Dolphin wrote: »

My lack of knowledge here makes it hard for me to take a decision.

I understand that.

What I suggest you do, give yourself a date say for example 30th April.

Write to all your creditors now, requesting a F&Fs, this will allow you time to negotiate if required.

If none comply with your request, then commence your IVA on 01st May.

One other comment, have you checked the fees with GT, how do the compare with other companies? remember the fees you're paying is YOUR money.

MS_Dolphin

10past6 wrote: »

I understand that.

What I suggest you do, give yourself a date say for example 30th April.

Write to all your creditors now, requesting a F&Fs, this will allow you time to negotiate if required.

If none comply with your request, then commence your IVA on 01st May.

One other comment, have you checked the fees with GT, how do the compare with other companies? remember the fees you're paying is YOUR money.

I'm not sure how to go about requesting a F&F, is there a template letter?

What I was thinking of doing was sending SAR requests to get an idea of the strength of my case over and above the CCA request. If any of the companies could not provide a signed credit agreement, I figured I'd go for it with them.

The downside is that would cost me I believe £10+ per case and also leave me with 40 days to wait before I could take things any further.