Cca Requests Updates Please

1981trouble

HOpefully someone here can give me some quick answers re cca's!

Firstly -to request the cca - you send a 12+2, if they do not produce it, you send a account dispute letter - is that all you need to do? have i missed any letters? (all seems a bit too simple!)

Secondly -
Husband sent the 12+2 letter to MBNA in March 09
The responded with a "holding letter" saying they were looking into it and nothing else since. (This was in March 09 - husband thought it was 12+2 weeks not days!)
He is now getting ready to do the account dispute letter. Does he now stop making payments?
Also, what happens now, my understanding is that the account is suspended until they produce a cca but how does it affect your credit rating/how long does it stay there (already on dmp so its not great!)?

Thanks in advance

MS_Dolphin

1981trouble wrote: »

HOpefully someone here can give me some quick answers re cca's!

Firstly -to request the cca - you send a 12+2, if they do not produce it, you send a account dispute letter - is that all you need to do? have i missed any letters? (all seems a bit too simple!)

Secondly -
Husband sent the 12+2 letter to MBNA in March 09
The responded with a "holding letter" saying they were looking into it and nothing else since. (This was in March 09 - husband thought it was 12+2 weeks not days!)
He is now getting ready to do the account dispute letter. Does he now stop making payments?
Also, what happens now, my understanding is that the account is suspended until they produce a cca but how does it affect your credit rating/how long does it stay there (already on dmp so its not great!)?

Thanks in advance

Hi,

Firstly, these are the only two letters you need to send to fulfil your requirements.

Secondly - do you stop paying?

You'll probably get different responses to this one but IMHO:

As they have not met their requirements, then they are in default and according to the CC Act, you are within your rights to stop paying and the CCC are not allowed to add interest; further charges; impact your credit rating.

HOWEVER, they will not take a blind bit of notice as to what they should/not do. This means that if you stop paying, you will see an impact on your credit rating. If the case goes to the ultimate conclusion of court action and if you win, then this can be reversed, but there are no guarantees, so whether or not you take this route depends on your own circumstances and how prepared you are to take the chance that things do or do not go your way.

I hope this helps. Good luck with it.

stapeley

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.

If your husband agreed to take over the debts and buy your half of the property then I suggest the problem is his now . If you are now being chased for money he has not paid, then when you reach a settlement on the house make sure your solicitor is aware of the amount involved and allowances made .

stapeley

TO ANYONE WHO MAY HAVE MISSED THE ADVICE NEVER RING A DCA !!!!!!!! it does absolutely no good at all . You need a paper trail of what is said or offered .

Bazza66

stapeley wrote: »

If your husband agreed to take over the debts and buy your half of the property then I suggest the problem is his now . If you are now being chased for money he has not paid, then when you reach a settlement on the house make sure your solicitor is aware of the amount involved and allowances made .

Depends if "taking over the debts" means they are all now in his name or they are still in joint names and he just pays it off.

Neillgb

Neillgb wrote: »

I was wondering if anybody could tell me if a signature box provided on a cca has to be both signed and dated by a debtor.

If not dated is it enforceable? Anybody any experience in ths regard?

Thanks

BUMP.

Anyone??

Thx

Bazza66

Neillgb wrote: »

I was wondering if anybody could tell me if a signature box provided on a cca has to be both signed and dated by a debtor.

If not dated is it enforceable? Anybody any experience in ths regard?

My thoughts are that it has not been properly executed but whether it still makes it invalid I'm not so sure about. Have a look at

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

this may give you some ideas.

Broken_hearted

Update
Halifax have sent alleged debt to Robinson way.Letter sent out with the usual threats, phoned them up for rude unhelpful people to talk over me and say they would phone me later. Upshot is they say its going back to halifax and are sending a letter out stating this.

Gotta love this line from their letter
This problem account will not go away or be forgotten-it makes sense to pay now.

stapeley

I repeat this many times . Do NOT even bother to ring them .

rog2

Broken_hearted wrote: »

Gotta love this line from their letter
This problem account will not go away or be forgotten-it makes sense to pay now.

Well it certainly makes sense to 'them', BH. :rotfl: :rotfl: