Cca Requests Updates Please

rog2

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

Hi emma - it does not look as though you need to actually do anything.

If you checked your post on the 23rd of June and there was no cca, then that's fine - the '30 days' is no longer relevant and, in order to comply with their legal obligations under the Act, the dca should have provided you with a tru, and compliant, copy of the originally executed cca within 12 working days of receipt of your request and £1 Statutory Fee. By my reckoning, this period would have been up on, or around the 4th of June, so the dca has been 'in default' since that date, and can, no longer, enforce the agreement without permission from the Courts.
The '30 days' period relates to the fact that, prior to 2007, it became a criminal offence for a creditor/dca not to have provided you with a compliant cca within a further 30 days of the legally prescribed 12 working day period. This is no longer the case.
Of course it is worth checking your mail, as a creditor/dca can provide a cca at any time, thereby taking themselves 'out of default', but, as things stand, this dca is 'in default' and must not attempt to enforce the agreement, or to pass your details to a third party (or other dca) for collection.

sandalwood_2

rog2 wrote: »

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.

Hi Rog,again,thank you for the reply,

I am going to be paying a lot less in a few months time for a long while due to my partner going on maternity leave and she is only getting SPP which is diabolical ,so,I may wait until the payments go down and then see what they say,if they start jumping up and down threatening legal action I can remind them that they have not produced me a CCA and that the debt is unenforcable and I am not obligated to pay them anything,and to go ahead and take me to court,which ,they cant unless a CCA is produced and once my work picks up(which it is at the moment) and I can save some cash,could offer them a (very)small F & F payment,which they would hopefully take due to the fact that they wouldnt be able to chase me for anymore due to no CCA,and it would be clear on my credit file as it would be settled?(does that make sense),does that sound like the sort of grounds I should/could go on?

In the mean time I will speak to National Debt line and see what they say,again thank you very much for your help

Lovella

rog2 wrote: »

Who are you paying, Lovella - Egg or CQ? If you are paying CQ, perhaps you could 'miss' the next payment and see if they 'chase' you. If they don't, then they genuinely have sent the account back to EGG. If they do chase you, then you can quote their own letter back at them.
If you have been paying EGG directly, then it will probably be best to continue paying.
What do Payplan suggest?

Thought you might be amused to hear that I got another letter from CapQuest today, this time letting me know that actually they have been told by Egg to keep collecting on their behalf and to ignore their previous letter advising that they are no longer dealing with the account. They don't seem to know their !!!! from their elbow.

stapeley

The elbow is for leaning on and a--e for sitting on , just incase they are watch this thread !

rog2

stapeley wrote: »

The elbow is for leaning on and a--e for sitting on , just incase they are watch this thread !

Let CRAPQUEST find that out for themselves, stapeley - if they are capable. :rotfl:

And, of course they will be 'watching this thread' - it's probably required reading at most Debt Collection Agencies. :rolleyes:

Doesn't change things though. :rolleyes:

Lovella

rog2 wrote: »

Let CRAPQUEST find that out for themselves, stapeley - if they are capable. :rotfl:

And, of course they will be 'watching this thread' - it's probably required reading at most Debt Collection Agencies. :rolleyes:

Doesn't change things though. :rolleyes:

I couldn't care less if they are - I've happily told them that more than once.

jimbingo

Hi all, I was wondering if somebody could help me?

I owe some money on a credit card (and my account is now in a recovery program) which I took out in 1997. I requested a copy of my CCA/executed agreement and within 12 days they sent me a badly photocopied copy of my terms and conditions, over 2 pages. Appart from the fact that there is no signature from me, or anywhere for an actual signature to go (it is literally just the terms and conditions, including a section for cancelling the agreement), the credit limits stated on it do not include the limit I currently have. There is a breakdown of APR's, certain credit limits and an interest rate, but my current credit limit is not listed (and I never signed anything saying I agreed to it being increased, ever, even though it was increased). So I guess what I'm asking is what do I do next? It appears that they don't have anything with my signature on else they'd have sent it to me instead of trying to fob me off with just the T&C's (which may not have been mine anyway - an accompanying letter states "...and incorporates any variations to the terms made since you entered into this agreement".)

Cheers,

Jim

stapeley

[QUOTE=

jimbingo

;23345375]Hi all, I was wondering if somebody could help me?

I owe some money on a credit card (and my account is now in a recovery program) which I took out in 1997. I requested a copy of my CCA/executed agreement and within 12 days they sent me a badly photocopied copy of my terms and conditions, over 2 pages.

Appart

from the fact that there is no signature from me, or anywhere for an actual signature to go (it is literally just the terms and conditions, including a section for cancelling the agreement), the credit limits stated on it do not include the limit I currently have. There is a breakdown of

APR's

, certain credit limits and an interest rate, but my current credit limit is not listed (and I never signed anything saying I agreed to it being increased, ever, even though it was increased). So I guess what I'm asking is what do I do next? It appears that they don't have anything with my signature on else they'd have sent it to me instead of trying to fob me off with just the T&C's (which may not have been mine anyway - an accompanying letter states "...and incorporates any variations to the terms made since you entered into this agreement".)

Cheers,

Jim[/QUOTE]
It really depends on your situation , can you pay your debts ? Are they threatening legal action , trying to pressurise you into paying more than you can afford ? A CCA request can get these companies off your back putting you in control. Because of a change in my circumstances I have no money to pay anyone , so have been forced to look for ways to get them off my back , legally .

jimbingo

stapeley wrote: »

It really depends on your situation , can you pay your debts ? Are they threatening legal action , trying to pressurise you into paying more than you can afford ? A CCA request can get these companies off your back putting you in control. Because of a change in my circumstances I have no money to pay anyone , so have been forced to look for ways to get them off my back , legally .

Hi, thanks for the reply. I am hoping to wipe the debt as it is not one I am capable of paying back due to my current financial situation. Although the company is not threatening me with legal action as I am making token repayments, it is a debt I would be struggling to clear for many years. Recently they have started charging me a nominal interest rate, which they never did before, which is only going to make it harder for me to pay back. The worst thing about this is the stress they are causing me as they have repeatedly messed up my payment plans, charging interest (which is always refunded), making false claims about the terms of the agreement and so on. On one occasion they told me that a payment plan couldn't be put in place for another two months after they'd mistakenly cancelled it, despite the fact I had a letter in front of me stating that a new plan was already agreed and in effect... once i pointed that out they changed their mind pretty quickly... anyway, I digress, sorry! The bottom line is that I want rid of the debt, I think I might be able to do it legally, and I will persue that avenue if viable. I have had a tough time with my finances over the past 5 years or so, and have finally managed to get my other debts to managable levels. It would be a huge relief if I could do something about this one.

schoolrunner

Hi guys,
Heres a recap. I've sent the 2nd letter to MBNA after no CA appeared. They seem to have just ignored this, it was sent recorded so I know they received it. So what now? Do I just ignore their letters or reply?
Cheers