Cca Requests Updates Please

MS_Dolphin

Hi all,

I've just received this from a company called "Pre Legal Recoveries".
They say they are a subsidiary of MS Money.

Dear XXX XXXXXXXX

I have been instructed to contact you by the Collections and Recoveries Department at M&S Money due to the serious arrears on your account.

Please be aware that I am planning to instruct our agents to visit your home address. You still have the opportunity to prevent this action from being taken by contacting me on XXXX XXXX XXXX.

I hope you appreciated the seriousness of this situation and contact me as a matter of urgency.

Yours sincerely,

XXXXXXX

CLOWNS!!

I phoned them and told them that they are not welcome and that if they came to my home I'd call the police. The response was very formal and cold and they actually used the phrase "we will pursue this debt by any means necessary" including coming to your home and legal proceedings.

I've sent CCA request and 12+2 letters and they have sent a copy of an agreement, but I believe it is missing certain prescribed terms.

Where to go next? Opinions greatly appreciated.

Bazza66

MS_Dolphin wrote: »

Hi all,

I've just received this from a company called "Pre Legal Recoveries".
They say they are a subsidiary of MS Money.

Dear XXX XXXXXXXX

I have been instructed to contact you by the Collections and Recoveries Department at M&S Money due to the serious arrears on your account.

Please be aware that I am planning to instruct our agents to visit your home address. You still have the opportunity to prevent this action from being taken by contacting me on XXXX XXXX XXXX.

I hope you appreciated the seriousness of this situation and contact me as a matter of urgency.

Yours sincerely,

XXXXXXX

CLOWNS!!

I phoned them and told them that they are not welcome and that if they came to my home I'd call the police. The response was very formal and cold and they actually used the phrase "we will pursue this debt by any means necessary" including coming to your home and legal proceedings.

I've sent CCA request and 12+2 letters and they have sent a copy of an agreement, but I believe it is missing certain prescribed terms.

Where to go next? Opinions greatly appreciated.

Can you upload a scan of the paperwork (with your details blanked out) so we can check the validity of CCA?

If it is invalid then you need to make a formal complaint to them regarding not supplying CCA and continuing to harass you. If you do not get any satisfaction after that then you can complain to the relevant authorities.

On the otherhand if it is not a valid CCA then you could just ignore all their letters since they are not in a position to do anything, let alone send someone round to your house (I doubt this will happen). If they took you to court and the CCA is invalid then you are in a strong postion.

DCA's letters will always highlight certain key phrases hence why they are nicknamed "threat-o-grams". If you read them carefully they will always say "could" or "may", or in your case "planning to", and not usually "will". They are breaking the rules and they know it. Complaining to the relevant authorities (and enough people doing it hence why the like of 1st Credit got into trouble) is the usual route. But, and this is my opinion, make a formal complaint first so at least you are trying to resolve the issue before taking it higher.

MS_Dolphin

Bazza66 wrote: »

Can you upload a scan of the paperwork (with your details blanked out) so we can check the validity of CCA?

If it is invalid then you need to make a formal complaint to them regarding not supplying CCA and continuing to harass you. If you do not get any satisfaction after that then you can complain to the relevant authorities.

On the otherhand if it is not a valid CCA then you could just ignore all their letters since they are not in a position to do anything, let alone send someone round to your house (I doubt this will happen). If they took you to court and the CCA is invalid then you are in a strong postion.

DCA's letters will always highlight certain key phrases hence why they are nicknamed "threat-o-grams". If you read them carefully they will always say "could" or "may", or in your case "planning to", and not usually "will". They are breaking the rules and they know it. Complaining to the relevant authorities (and enough people doing it hence why the like of 1st Credit got into trouble) is the usual route. But, and this is my opinion, make a formal complaint first so at least you are trying to resolve the issue before taking it higher.

Thanks, I've uploaded the response previously and been told that it is missing prescribed terms.

I'll keep going, but more than one of my accounts are getting to the 'serious' stage right now and I'm looking for an exit strategy to get all the debts behind me. I still don't really know how this process will conclude itself.

Thanks again

rog2

MS_Dolphin wrote: »

Where to go next? Opinions greatly appreciated.

OFT?

MS_Dolphin

rog2 wrote: »

OFT?

Thanks Rog2, and your advice is greatly appreciated as always, but for all I keep posting on this thread and elsewhere, I still don't see a natural conclusion to this - either for myself or for others.

Everything is clear to a point - send CCA request; send 12+2 - but then CC companies don't take a blind bit of notice and just continue with charges, interest, default notices - and where next courts, CCJ's, charging orders?

All the time I/we are sitting here saying, yes but they haven't produced a valid CCA, so everything will be ok in the end.....

I'm starting to feel like an ostrich with my head in the sand. I've posted several times with the same question, "where next" and never really get a concrete answer as to what is the next step in the process for me to bite back and head towards closure of the issue.

Thanks again.

cocker100

MS_Dolphin wrote: »

Thanks Rog2, and your advice is greatly appreciated as always, but for all I keep posting on this thread and elsewhere, I still don't see a natural conclusion to this - either for myself or for others.

Everything is clear to a point - send CCA request; send 12+2 - but then CC companies don't take a blind bit of notice and just continue with charges, interest, default notices - and where next courts, CCJ's, charging orders?

All the time I/we are sitting here saying, yes but they haven't produced a valid CCA, so everything will be ok in the end.....

I'm starting to feel like an ostrich with my head in the sand. I've posted several times with the same question, "where next" and never really get a concrete answer as to what is the next step in the process for me to bite back and head towards closure of the issue.

Thanks again.

Hiya,

Ultimately, the only way that you can get a debt sorted out once and for all is to let it go to court!

If you are confident that the agreement is unenforceable, call their bluff and ask them to take you to court and let a judge make a judgement on it.

It is extremely rare for a creditor to just give up and write off the debt without first trying all they can to get you to pay up. If they genuinely believe that the credit agreement is unenforceable and that they will lose in court, they might start the court process rolling, but I would expect them to pull out at the last minute (sometimes as late as the day before the court hearing). Plenty of evidence of this on the CAG website.

You could on the other hand, explain to them that you believe the CCA is unenforceable because of x y z, and as such offer a really low full and final offer to clear the debt without the need of any court intervention.

Hope this helps,

Cocker:)

dvs

cocker100 wrote: »

You could on the other hand, explain to them that you believe the CCA is unenforceable because of x y z, and as such offer a really low full and final offer to clear the debt without the need of any court intervention.

This is the option we've gone for as our creditor hasn't been able to supply us with any CCA at all. We're just waiting for their response. Although I'm aware that we shouldn't (legally) have to make any payment, I would like some closure on the matter.

Will update if I hear anything.

MS_Dolphin

dvs wrote: »

This is the option we've gone for as our creditor hasn't been able to supply us with any CCA at all. We're just waiting for their response. Although I'm aware that we shouldn't (legally) have to make any payment, I would like some closure on the matter.

Will update if I hear anything.

Thanks Cocker and DVS

This is also exactly my view, I want some closure on the matter.

Its just at the moment with them, all I'm seeing are the letters, threats and phonecalls.

Cocker, you say, "let them take you to court." Is there a difference between this and me taking them to court?

Then if I'm (or anyone else is) prepared to accept an offer, I guess its a case of being happy with the terms/level of payment and having the funds to pay it. What that figure is that makes it worth settling, I imagine might be different for all of us, depending on circumstances and attitude towards the whole situation.

Thanks again.

cocker100

MS_Dolphin wrote: »

Cocker, you say, "let them take you to court." Is there a difference between this and me taking them to court?

Then if I'm (or anyone else is) prepared to accept an offer, I guess its a case of being happy with the terms/level of payment and having the funds to pay it. What that figure is that makes it worth settling, I imagine might be different for all of us, depending on circumstances and attitude towards the whole situation.

Thanks again.

Hiya,

You normally take someone to court if they owe you money and they dont pay it back. So if you were taking them to court, it would be because they owe you money. Maybe because of unfair charges or ppi etc, or maybe because you believe that an alleged credit agreement is flawed and you want it anulled and any payments made under it refunded. (i.e. interest payments etc). There aren't many sucesses of this type and it would be a very brave person to start court proceedings against a creditor when you owe money on an account as the court may take a dim view.

Normally the creditor takes you to court because you haven't complied with your credit agreement and have either missed payments or have stopped paying altogether. So they go to court and you get a CCJ and have to pay the money back through installments. BUT, if the original credit agreement is flawed and missing vital terms that make it a valid and binding agreement, then the court cant make a judgement on it and cant force you to pay up.

Creditors have to pay to take you to court, so if they think that they are on to a loser and wont win (meaning that they wont get any money back from you to cover this cost), they usually pull out at the last minute.

You then know that if they pull out of court, they ain't going to try again! Or better still, they will then offer a really low full and final or possibly write the whole amount off! (But the latter very rarely happens....but sometimes:D)

Cocker:)

sandalwood_2

Hi
I requested a copy of my CCA in June to 2 creditors and enclosed a £1 postal order-didnt receive them within the 12 day timescale,so I sent another letter saying that the accounts(MBNA & Abbey) were in dispute and by law they need to send it to me-I then received yesterday a letter from Abbey(another one to say they are defaulting my account) to say that they are sorry that I am not happy with the level of service and my complaint will be dealt with???? I am sort of guessing that this may be a delay Tactic....?? any ideas on what I should do next?
thank you