Cca Requests Updates Please

10past6

Going down the F&F route would be to your time-scale, giving them 14 days to consider followed by a further 7 days.

Going down the SAR route, as you say gives them 40 days to comply and involves a fee.

Here's what I suggest, those creditors that are having difficulty producing a CCA, write to them with a F&F, the other companies, request a SAR.

MS_Dolphin

10past6 wrote: »

Going down the F&F route would be to your time-scale, giving them 14 days to consider followed by a further 7 days.

Going down the SAR route, as you say gives them 40 days to comply and involves a fee.

Here's what I suggest, those creditors that are having difficulty producing a CCA, write to them with a F&F, the other companies, request a SAR.

Is there a suggested template for a F&F? At the moment I've only just stopped paying.

Is the 14 days + 7 days a statutory, or standard time scale for a response and what happens after this if they don't offer?


One other question - 2 of the agreements are with the same creditor - MBNA and a third is with A&L credit card, which is also MBNA, does this mean if I were to send an SAR, I could combine all 3 accounts in one letter and one payment of £10?

Thanks again.

10past6

You can send something like the following, amend to suite your needs, as for the time-scale, that's up to you how much time you give them to consider your offer

Re the above a/c, due to the current climate I may well have to consider a debt management plan, however, before I reach that stage, a family member has kindly agreed to lend me some money interest free in order to clear my debts; however this amount is not enough to clear all of my debts,

Therefore, I can raise £(put the amount which you can afford to pay) and I want to offer this as an ex-gratia payment in full and final settlement of the above account.

This offer is made on the clear understanding that, if accepted, neither you or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 31 days of receiving your written agreement of this offer and method of payment.

I respectfully request that all communications regards to this are carried out in writing.

MS_Dolphin

10past6 wrote: »

You can send something like the following, amend to suite your needs, as for the time-scale, that's up to you how much time you give them to consider your offer

Re the above a/c, due to the current climate I may well have to consider a debt management plan, however, before I reach that stage, a family member has kindly agreed to lend me some money interest free in order to clear my debts; however this amount is not enough to clear all of my debts,

Therefore, I can raise £(put the amount which you can afford to pay) and I want to offer this as an ex-gratia payment in full and final settlement of the above account.

This offer is made on the clear understanding that, if accepted, neither you or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 31 days of receiving your written agreement of this offer and method of payment.

I respectfully request that all communications regards to this are carried out in writing.

Thanks for the continued replies.

I need to think things through a bit further. Realistically I'm not going to have the funds to deal with all creditors with a F&F.

I have to decide whether to keep going with the challenging process or just to go for the IVA and bring some stability to the situation.

The process of challenging agreements is still unclear to me despite many hours of reading through this and other threads from other forum.

Even when looking at agreements like the Capital One above, I don't really know what I should be looking for.

More importantly, I don't know what a 'win' looks like in this situation - is it an admission from the cc company that the debt is unenforceable, is it an offer of settlement and when does this happen?

As I say, the IVA brings a relative degree of certainty that might be a preferable option at the moment.

Thanks again.

susieanne

I have just started the process of requesting CCA i sent one to MBNA CC which i have had for many many years , sent £1 postal order that was 2 months ago but i have not heard nothing back from them .Does this mean they have not got one or are they just ignoring me .I am not sure what to do from here they have been refusing to accept my DMP they told me my debt would be sold on but i have not even heard whether it has been sold on .

10past6

MS_Dolphin wrote: »

As I say, the IVA brings a relative degree of certainty that might be a preferable option at the moment

Don't take this the wrong way, but when under pressure with debts alot of debtors look for an easy way out, you need to spend sometime and work out what is the best option for you.

No one can say yes / no whether a CCA is enforceable or not, only a court has the power to do that, at this moment in time, courts are very pro creditor, some judges seem to be a loose cannon in what they decide.

If no CCA is enforceable, you have the law on yourside re enforecing the debt, the difficulty some debtors have is translating that legislation to a judge.

cocker100

susieanne wrote: »

I have just started the process of requesting CCA i sent one to MBNA CC which i have had for many many years , sent £1 postal order that was 2 months ago but i have not heard nothing back from them .Does this mean they have not got one or are they just ignoring me .I am not sure what to do from here they have been refusing to accept my DMP they told me my debt would be sold on but i have not even heard whether it has been sold on .

Hiya,

Firstly, did you send the CCA request by recorded delivery? If so, have you checked on the Royal Mail website to see if MBNA have definately received it?

If you are certain they have, then you need to send the 12+2 days letter as the account to now in dispute. There are various versions of the letter scattered about this thread. Read through some previous posts to find one.

If you never sent it recorded, I would be tempted to just resend MBNA another one and this time send it recorded, so you know when they receive it and you can start your paper trail.

Cocker:)

Merlinexcalibur

Don't take this the wrong way, but when under pressure with debts alot of debtors look for an easy way out, you need to spend sometime and work out what is the best option for you.

Can second that. A year ago bankruptcy was suggested to me and I thought 'great, take it off me, away from me' really felt becalmed that option was there. For a while. Until I started thinking more, were there other options. And it wouldn't have done any good for my circumstances, would have been 1000 times worse than they are now. But, what I'm saying is ... I also panic sometimes, look for ways out, just because I want the hope more than anything and only that, something to cling to. This week, with the letters, my mind has reeled through literally hundreds of scenarios, almost nearly picked the phone up, then had to reign myself in. But, oh yes, something I can appreciate, empathise with. Right now, for example, it's this DRO thing, again through panicking this week, looking for some way to take this pressure away. Sometimes I handle it well, other times I do not. Only human when said and done.

Anyway, sorry for waffling.

lipstick

Yes just send the 12+2 day letter.They sent exactly the same letter to me. You can get the money back for your postal order.

lipstick

p.s. my post above is for natters.Hope it helps