Cca Requests Updates Please

happymumof3

Hi, was just after a little bit of advice if anyone can help please.

I sent my CCA request letter to Debt Management Ltd for my Additions Direct Account which is in arrears on 14th July, which was received by them on 15th July.

I am intending to send out the 12+2 letter to them by registered post tomorrow, as I have not received my CCA from them. All I have received is a standard letter, which has a box ticked next to the wording that they are contacting the company involved to get the required information.

I was wondering, do I have to keep in the phrase "I do not acknowledge the debt" - I am not disputing the fact that I owe the money - I just cannot afford to pay the full £1800 that they want straight away, and would like a bit of time to pay this off without them breathing down my neck - I was also most put out by the fact that they 'jumped' the APR from 30 odd % upto over 44%!, so I have been concentrating on paying my other more important debts.

Also, if I do decide to make a 'token' payment in the meantime for this debt, do I make it to this debt management company, or directly to Additions Direct? Would it be a bad thing to make a payment at this time?

Also, what happens if they find the CCA before the next 30 days are up? Or if they are able to locate the required paperwork after the 30 days?

Any help on the above would be really appreciated, thanks.

GirlRacer_2

Good morning all,

Can anybody point me in the direction of a letter template to send to Studio saying as you are unable to provide a CCA then I do not acknowledge the debt.

Many thanks

rog2

GirlRacer wrote: »

Good morning all,

Can anybody point me in the direction of a letter template to send to Studio saying as you are unable to provide a CCA then I do not acknowledge the debt.

Many thanks

No need, GR - I assume you have, already, sent them the 12+2 day letter.

GirlRacer_2

No, they actually wrote to me and told me that they did not have a CCA and that the debt is unenforceable, however they did still expect payment. What should I do now?

rog2

GirlRacer wrote: »

No, they actually wrote to me and told me that they did not have a CCA and that the debt is unenforceable, however they did still expect payment. What should I do now?

If they have admitted that the debt is 'unenforceable' then they can not legally expect you to pay it.
A usual ploy is to appeal to your 'moral obligation' but that works both ways.
What you do about this 'debt' now is entirely up to you, GR - they can not 'enforce' it, or enter any default against you, without the permission of the Courts.
Are they 'threatening' legal action?

GirlRacer_2

Hi Rog2,

This is what they have said to me:

The OFT acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together will all relevant financial information is acceptable to meet your request for a copy of the credit agreement.

To can be assured that legal advice is sought in such matters where liabilit is in dispute. It is clear the debts exist, but of course, we are also aware that the courts would not at present be able to grant an enforcement order should a default summons be issued by us because of non payment and it was defended on a challenge to produce a copy of the original signed agreement, as defined by Section 61 of the Consumer Credit Act 1974, unless we were able to produce a signed copy of the original agreement in support of the claim. It is only in such an instance that it would be cost justified to recover originals from our archives.

It then goes on to state that the original credit agreement was sent with the very first order in October 2007 but was never signed and returned.

It then says You have been a customer of ours for several years and we are trying to avoid an irretrievable breakdown in that relationship. Without making regular payments we will have no option but to register the debt with all credit reference agencies that may adversely affect your ability to obtain credit. This company will not write-off a debt just because there may be a possibility of a legal defence if we were to take legal action as a method to recover the debt owing.

It transpires that you did not sign and return a copy of the credit agreement and we realise it will be unenforceable but it is not void nor an unlawful debt. We are satisfied upon discussion with the Information Commissioners Office and on legal advice that it can still be registered as a default with credit reference agencies.

The current balance of the account is £324.98, credit record shot to pieces and unlikely to get better for an awful long time.

Would appreciate your advice.

rog2

GirlRacer wrote: »

To can be assured that legal advice is sought in such matters where liabilit is in dispute. It is clear the debts exist, but of course, we are also aware that the courts would not at present be able to grant an enforcement order should a default summons be issued by us because of non payment and it was defended on a challenge to produce a copy of the original signed agreement, as defined by Section 61 of the Consumer Credit Act 1974, unless we were able to produce a signed copy of the original agreement in support of the claim. It is only in such an instance that it would be cost justified to recover originals from our archives.

It then says You have been a customer of ours for several years and we are trying to avoid an irretrievable breakdown in that relationship. Without making regular payments we will have no option but to register the debt with all credit reference agencies that may adversely affect your ability to obtain credit. This company will not write-off a debt just because there may be a possibility of a legal defence if we were to take legal action as a method to recover the debt owing.

It transpires that you did not sign and return a copy of the credit agreement and we realise it will be unenforceable but it is not void nor an unlawful debt. We are satisfied upon discussion with the Information Commissioners Office and on legal advice that it can still be registered as a default with credit reference agencies.

It sounds, to me, that they are, in fact, appealing to you to continue making payments in spite of the fact that the agreement is unenforceable.

I'm not sure that the Information Commissioner's Office is the right office to give the advice regarding their 'ability' to register a default against you. As far as I see it, they are, legally, in default and can NOT register a default whilst they remain in default.

That said, they are not happy to let it go at that, and appear to be 'hell bent' on pursuing you for payment. It would be interesting to see what the Office of Fair Trading has to say about it, as clearly they have not complied with the terms of the Consumer Credit Act from the beginning.

So, what should you do? - Remember that it is, legally, you who is in the driving seat now.
Are you actually disputing the amount of the debt? If so, you could make a 'Full and Final' settlement offer of, say 30% of what they 'claim' to be your debt, in order to keep them off of your back.
Equally, you could report them to the Office of Fair Trading for continuing to pursue a 'debt' for which they have been unable, or unwilling, to produce a compliant copy of the consumer credit agreement. They would, then, have to put their case to the OFT - but, on their own admission, they don't have a case.
You could, also, choose to ignore their letters/demands, but these will keep on coming until, eventually, they pass the 'debt' on to the Debt Collection Industry. If, as it probably will, this happens, then you would need to inform any dca who pursues you for this 'debt' that the 'debt' is in dispute and that both 'Studio' and the dca are acting in contravention of the OFT Debt Collection Guidelines by continuing to pursue this 'debt'.

I'm sorry if I'm a bit vague, GR, but it is difficult to think of a direct reply, or template letter, for Studio. I will have a look through my files, to see if I can find something.

In the meantime, you might like to consider talking with National Debt Line - 0808 808 400, or Community Legal Advice - 0845 345 4 345, either of whom would be better able than me to clarify your legal position.

Princessbb

Hi All, new to all this and looking for some advice... I sent a CCA request to Droyds Debt recovery for a Catalogue account with La Redoute that is now with them. They have cashed the cheque and I received a letter yestareday From RedCats saying ' I am attaching a copy of the standard agreement issued when you opened the account, as required by regulation 3 of the Consumer Credit Regulations 1983' and then goes on to say my outstyanding balance to Droyds is now due in Full! There was no attachment with the letter! I called them to query it and they said that was the agreement! I said but nothing was enclosed only the letetr stating you enclose the agreement and she still insisted that was it! I opened the account online in about Sept 2006 so I doubt they do have a signed agreement. My question is where do I go from here? I owe £270 and am waiting to receive a bonus which I would like to use to settle my debts but only want to pay them £150 at most. Do I write a full and final settlement offer now or write back first and ask again for a copy of my CCA as they have not provided it? Any advice greatly received

rog2

Princessbb wrote: »

Hi All, new to all this and looking for some advice... I sent a CCA request to Droyds Debt recovery for a Catalogue account with La Redoute that is now with them. They have cashed the cheque and I received a letter yestareday From RedCats saying ' I am attaching a copy of the standard agreement issued when you opened the account, as required by regulation 3 of the Consumer Credit Regulations 1983' and then goes on to say my outstyanding balance to Droyds is now due in Full! There was no attachment with the letter! I called them to query it and they said that was the agreement! I said but nothing was enclosed only the letetr stating you enclose the agreement and she still insisted that was it! I opened the account online in about Sept 2006 so I doubt they do have a signed agreement. My question is where do I go from here? I owe £270 and am waiting to receive a bonus which I would like to use to settle my debts but only want to pay them £150 at most. Do I write a full and final settlement offer now or write back first and ask again for a copy of my CCA as they have not provided it? Any advice greatly received

As they have NOT provided you with a compliant copy of the original consumer credit agreement, within the prescribed timespan, they are now 'in default' and would need to apply to the Courts for permission to enforce the agreement. It would, probably, be your word against that of 'Droyds' regarding the lack of cca - I have not, personally, heard of 'Droyds' so can not comment on their 'trustworthiness' other than to say that it 'sounds' like they are trying to pull a fast one.
You should continue to act as you have not received the cca. Your first response should be, if you have not already done so, to send them the '12+2' day letter that you will find on post 5 of the following thread:
http://forums.moneysavingexpert.com/showthread.html?t=963087

It is, also, considered as 'unfair practice' by the Office of Fair Trading to pressurise any debtor into paying a debt 'in full' when that debtor can not afford to do so:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

If you wish to make a 'Full and Final Settlement' offer of £150 (personally, I would offer less, as your first offer will, almost inevitably, be rejected - and it is always easier to negotiate up rather than down) then read the following link:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers
Use the template letter in the link and make no payments until you receive written confirmation that the payment will be accepted in 'Full and Final Settlement' of the account and that any defaults on your credit file, relating to the account, will be marked as 'fully satisfied'.

Gemmzie

Hi, I've had another letter re: HSBC loan, if someone could have a look I'd really appreciate it.
http://forums.moneysavingexpert.com/showthread.html?t=1806945 Post 14 is the update
Thanks