Cca Requests Updates Please

Bazza66

Agree with Cocker. It's just a set of T&C's and nothing else. They could apply to anything/anyone.

MS_Dolphin

I've just had this from Mint:

ACCOUNT TERMINATION

We recently served a Default Notice on you.

As you have not met the conditions of this Default Notice by repaying the amount due, we are terminating our credit agreement with you. Please cut your cards in half and dispose of them carefully.

Please contactu us on ......arrange an immediate payment and subsequent repayment programme.

Okay, this is serious now. What do I do next?

Help would be really appreciated.

Thanks

Bazza66

MS_Dolphin wrote: »

I've just had this from Mint:

ACCOUNT TERMINATION

We recently served a Default Notice on you.

As you have not met the conditions of this Default Notice by repaying the amount due, we are terminating our credit agreement with you. Please cut your cards in half and dispose of them carefully.

Please contactu us on ......arrange an immediate payment and subsequent repayment programme.

Okay, this is serious now. What do I do next?

Help would be really appreciated.

Thanks

Sorry but without having to trawl back through the forum - what's the situation? Did you CCA mint?

rog2

baileywoos wrote: »

Hi

Hubby has today received a letter threatening court action from a DCA for a debt accrued in England almost 6 years ago. (We now live in Scotland)
The letter says he has 7 days to respond.
Since we have moved to Scotland (almost 6 years ago) we have received no demands for this debt and no letters from the credit card company, this court threat is the first correspondance.

Should he go straight for sending the CCA letter or go for a proof of debt letter first?

Does anyone know whether the letter is likely to be a threat to force us into a payment pan or can they literally just start court proceedings?

Before he does anything can you remember exactly how long ago he made the last payment towards this debt?

I ask this because after a period of six years, during which the debtor has made no payment toward the debt, or acknowledged it in writing, the debt becomes Statute Barred and is, therefore, no longer enforceable through the Courts.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

In Scotland the 'Limitation Period' is, actually five years, but, although you now live in Scotland, this 'debt' will, almost certainly, fall under the England/Wales six year umbrella.

Many dcas 'specialise' in trawling through credit reference agency records looking for 'debts' that are about to fall into this category. They, then 'buy' the debts from the original creditor, often for just a few pence in the pound, and set about relentlessly pursuing the 'debtor' in the hope that that 'debtor' is unaware of their rights under the Limitation Act. The vast majority of 'debtors' will be unaware that the debt is unenforceable and many will simply 'pay up' to get the dca off of their backs.

kinjo1

Bazza66 wrote: »

Agree with Cocker. It's just a set of T&C's and nothing else. They could apply to anything/anyone.

Thank you Cocker and Bazza!

pebbles88

MS_Dolphin wrote: »

I've just had this from Mint:

ACCOUNT TERMINATION

We recently served a Default Notice on you.

As you have not met the conditions of this Default Notice by repaying the amount due, we are terminating our credit agreement with you. Please cut your cards in half and dispose of them carefully.

Please contactu us on ......arrange an immediate payment and subsequent repayment programme.

Okay, this is serious now. What do I do next?

Help would be really appreciated.

Thanks

hiya,

I have had this letter before, it didnt lead to anything, have they suppied valid CCA??

PLease dont worry too much.

MS_Dolphin

Bazza66 wrote: »

Sorry but without having to trawl back through the forum - what's the situation? Did you CCA mint?

(also to Pebbles' response)

CCA sent and they replied with an agreement missing some of the prescribed terms. I therrefore sent 12+2 and no other response in required timescale (or since) other than adding charges, interest etc....

Thanks

Skint_but_Optimistic

Hello all,

I have read this thread at length and sorry for butting in here, but I would appreciate some help. I have been divorced for 2 years and seperated for 5 years and we had joint debts. My ex husband remained in the family home with a low mortgage and took over managing the debts. To cut a long story short and both of us having new lives and new partners and both wanting a fresh start hes buying me out the house and we are looking at settlements. I was appalled that the figure for Lloyds was only 2k less last month than it was in 1999. It currently stands at 13295. I approached the debt collection agency (I didnt know until my ex came clean about all this that it haddnt been paid properly, naive I know but I need it sorting now my credit rating will be shot but hey onwards onwards... ) and I asked the DCA for the Credit Agreement. They replied and sent back the postal order saying I would need to contact their client for this, who is Lloyds.
My first question is, if someone is collecting a debt, do they need to have a copy of the credit agreement to do so?
I have now sent onto Lloyds - what steps can then be taken if they fail to produce as well (my ex husband has asked for one in the past and they said it wasnt available, so I am not expecting one) but will wait the 12+2 days and send the second letter. In the meantime should he continue paying? The letter from the DCA said the amount remained outstanding and payments should continue. I would like to be able to use this to negotiate a reduced full and final settlement rather than to try and wiggle out of what is owed. Any help would be much appreciated.

Bazza66

MS_Dolphin wrote: »

(also to Pebbles' response)

CCA sent and they replied with an agreement missing some of the prescribed terms. I therrefore sent 12+2 and no other response in required timescale (or since) other than adding charges, interest etc....

Thanks

Once the 12+2 days are up then the account is in Default and they are not allowed to pass any information to Credit Reference Agencies and cannot do anything with the account until the produce the CCA.

It may be just a treatening letter but you will need to check with a credit reference company to see what they have put on your file if anything.

I had in my 12+2 letter the following

"Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (dd month year)"

So if they have defaulted the account AFTER the 12+2 days then they are in the wrong and you should report them to the relevant authorities.

Bazza66

Skint_but_Optimistic wrote: »

Hello all,

I have read this thread at length and sorry for butting in here, but I would appreciate some help. I have been divorced for 2 years and seperated for 5 years and we had joint debts. My ex husband remained in the family home with a low mortgage and took over managing the debts. To cut a long story short and both of us having new lives and new partners and both wanting a fresh start hes buying me out the house and we are looking at settlements. I was appalled that the figure for Lloyds was only 2k less last month than it was in 1999. It currently stands at 13295. I approached the debt collection agency (I didnt know until my ex came clean about all this that it haddnt been paid properly, naive I know but I need it sorting now my credit rating will be shot but hey onwards onwards... ) and I asked the DCA for the Credit Agreement. They replied and sent back the postal order saying I would need to contact their client for this, who is Lloyds.
My first question is, if someone is collecting a debt, do they need to have a copy of the credit agreement to do so?
I have now sent onto Lloyds - what steps can then be taken if they fail to produce as well (my ex husband has asked for one in the past and they said it wasnt available, so I am not expecting one) but will wait the 12+2 days and send the second letter. In the meantime should he continue paying? The letter from the DCA said the amount remained outstanding and payments should continue. I would like to be able to use this to negotiate a reduced full and final settlement rather than to try and wiggle out of what is owed. Any help would be much appreciated.

In answer to your first question... yes they do need the correct paperwork and also a deed of assignment.

If your ex has already requested a CCA in the past the they did not come up with the paperwork then the account is in default after 12+2 days. I assume the account is in joint names? If the account is already in a default situation then you do not need to ask for a CCA since the account is already in default.

If the DCA are asking for them debt then they need to be sent the "Account in Dispute" letter (found at http://forums.moneysavingexpert.com/showthread.html?t=963087)
since the account is in default with Lloyds (who your ex originally sent a CCA request to).

Before doing anything I would ensure your ex has the paperwork to back up the CCA reuqest originally (e.g. copy of request, proof they signed for it, any replies, etc).

Having said all this I am unsure how it works in a joint name account. Hopefully someone will confirm if the same rules apply.