Cca Requests Updates Please

Weekend_warrior

Thanks rog2,

Does this now mean I can tell my 2 remaining debts to get stuffed as both have now furnished me with a computer print out which shows my last payment to the debt was early 2001 and late 2001 respectively.
I didn't start payments again till early 2008. (bad debt advise from council advisor)
Can I ask for my payments back or is it best to leave it?

W.W.

rog2

Weekend_warrior wrote: »

Thanks rog2,

Does this now mean I can tell my 2 remaining debts to get stuffed as both have now furnished me with a computer print out which shows my last payment to the debt was early 2001 and late 2001 respectively.
I didn't start payments again till early 2008. (bad debt advise from council advisor)
Can I ask for my payments back or is it best to leave it?

W.W.

Basically, ww - yes. I think I might summarise the 'advice' as inexperienced rather than intentionally bad, but certainly not correct.

You can, legally and theoretically, ask for your payments back, but it will be difficult and could mean you having to take them to court - my advice would probably be to quit while you're ahead.

Good luck.

sandalwood_2

Hi
Wondering if you can help me,I am in a DMP with payplan at the moment and have send 2 x CCA resuests to MBNA and Abbey for loans I have taken out.
They havent sent them to me whithin the 12 days and then I also sent an account in dispute letter.I heard back from Abbey who said they were sorry to hear of my complaint and will be in touch(delay tatic I think) but no CCA-I would like to know where I go from here-Payplan have told me that they do not get involved in unenforcable CCA's and that I would have to research it myself!!


Any help or advise would be greatly appreciated

rog2

jaybag wrote: »

They havent sent them to me whithin the 12 days and then I also sent an account in dispute letter.I heard back from Abbey who said they were sorry to hear of my complaint and will be in touch(delay tatic I think) but no CCA-I would like to know where I go from here-Payplan have told me that they do not get involved in unenforcable CCA's and that I would have to research it myself!!

They are, as you suggest, trying to divert your attention away from the fact that they have failed to respect their legal obligations under the Consumer Credit Act, jb.

Their letter means nothing - they remain 'in default' until they can produce a true and compliant copy of the original executed consumer credit agreement and can not enforce the agreement whilst they remain 'in default'.
Nor can they pass your details to a third party - e.g. Debt Collection Agency - for collection.
If they do, then you should send the dca a copy of the FORMAL NOTICE - ACCOUNT IN DISPUTE letter that you will find on post 8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

rog2

blueback wrote: »

Can the OC when on the rebound then register a default afterwards?

Not unless that OC can produce a true and compliant copy of the original executed consumer credit agreement. If he could have done so, then he would have given that to the dca.
IF a default is registered by the OC, you should request a copy of the cca from the OC - if he is unable to provide it within the legally prescribed period, then you can demand that he removes the default from your crf.

emma126

hi, i wonder if anyone can help me and im sorry if im posting in the wrong place!

i sent a cca request to a dca, and after the 12+2 i sent the dispute letter, the 30 days would have been up on the 19th june. ive not been living at home for the last month or so and the last time i went to pick up my post was around the 23rd june and no cca. can anyone tell me what happens now? do i send another letter, or if the cca has arrived in the last 3 weeks do i just start making payments?

thanks

emma x

sandalwood_2

rog2 wrote: »

They are, as you suggest, trying to divert your attention away from the fact that they have failed to respect their legal obligations under the Consumer Credit Act, jb.

Their letter means nothing - they remain 'in default' until they can produce a true and compliant copy of the original executed consumer credit agreement and can not enforce the agreement whilst they remain 'in default'.
Nor can they pass your details to a third party - e.g. Debt Collection Agency - for collection.
If they do, then you should send the dca a copy of the FORMAL NOTICE - ACCOUNT IN DISPUTE letter that you will find on post 8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Thank you for the reply rog2,
I have already pulled this letter off and kept it my files,what shall I do in the mean time? carry on paying through payplan or just stop until I either receive a cca or they admit that they havent got it?-would they admit to it or just keep asking me for payments hoping that I will cave in? or take me to court even thought they cant supply it (which would be un likley-would it?)I would be a bit worried to just stop paying due to the legal issues and them a few months down the line they supply me with the CCA,or is it the case that if they cant find it now it wont turn up in the future? Sorry to ask more questions,just a bit worried by this all
thank you

rog2

jaybag wrote: »

I have already pulled this letter off and kept it my files,what shall I do in the mean time? carry on paying through payplan or just stop until I either receive a cca or they admit that they havent got it?

It is entirely up to you, jb, as to what you wish to do now. Whilst they remain 'in default' they can not, legally, enforce the agreement without, first, applying to the Courts for permission, i.e. taking you to Court. They would, then, need to justify, to the Court, why they had not provided you with the cca and would definitely need to show a compliant cca to the Court. Failure to do so could render the agreement 'irredeemably unenforceable' and, effectively, write off the debt. At best the Court would order them to produce the cca within a certain amount of time.
So if you decide to stop paying, there is little that either Abbey or MBNA can, legally, do until such time as they produce the necessary cca.
However, and again this is your call, this situation does put you in a very strong position when it comes to 'negotiating' with those two creditors - whether it be for reduced monthly payments or a Full and Final Settlement Offer.
You really need to get some impartial advice and I am a little surprised that Payplan appear to be reluctant to give you any such advice. I suppose that it should be remembered that Payplan are not, actually, an independent charity in the same way as CAB, CCCS or National Debtline, and although I am, in no way, criticising the, often excellent, work that Payplan do, on behalf of their clients, it may well be worth your while seeking some advice from one of the Debt Charities.

Tixy

emma126 wrote: »

hi, i wonder if anyone can help me and im sorry if im posting in the wrong place!

i sent a cca request to a dca, and after the 12+2 i sent the dispute letter, the 30 days would have been up on the 19th june. ive not been living at home for the last month or so and the last time i went to pick up my post was around the 23rd june and no cca. can anyone tell me what happens now? do i send another letter, or if the cca has arrived in the last 3 weeks do i just start making payments?

thanks

emma x

If they haven't sent you the CCA then send the formal account in dispute letter and you don't need to make any further payments. If they have sent the CCA you need to look at it and if necessary post on here to decide if it is a properly executed agreement containing all the prescribed terms it should.

stapeley

stapeley wrote: »

As I have said before, in the past c c companies and loan companies have been very lapse with paperwork . Often sending out cc with only application forms supplied . This !!!! up has been covered by the amendments to the CCA in 2006 .
I know I only filled in an application form for a SKY CARD . I never signed any AGREEMENT , I never agreed to the OC selling on the account to a DCA . I never agreed that a DCA could ring me at all hours and could send threatening letters. So I reserve the right to request any DCA or OC to comply with requirements under the CC ACT . And if they can not, I WILL POINT OUT THAT ANY ACCOUNT THEY MAY HOLD IS UNENFORCEABLE .

Seems a long time ago I posted this , now had nearly 100,000 viewings , Oh and still no enforceable CC AGREEMENT from several DCA,S .