Cca Requests Updates Please

G0ggy

Rog2 thank you very much for that information. You're right, I have nothing to lose now. I will send Lowell the standard letter for the CCA and see how I get on.

Thanks again!

schoolrunner

Hi guys, Mercers acting for Barclaycard have started to give me grief, so I wish to repay the compliment, do I send the cca request to Mercers or Barclaycard?


MBNA didn't supply anything when I cca'd them,I stopped paying and now I just get a statement each month, no charges added though.

Thanks

Bazza66

schoolrunner wrote: »

Hi guys, Mercers acting for Barclaycard have started to give me grief, so I wish to repay the compliment, do I send the cca request to Mercers or Barclaycard?


MBNA didn't supply anything when I cca'd them,I stopped paying and now I just get a statement each month, no charges added though.

Thanks

If Mercers are the ones writing to you demanding money then I would CCA them.

pinkie_pie

Hello!

I posted my letters out on the 30th July, what date do creditors then begin default exactly?

I am sending the next letter to Additions. Should I send one to LV/Barclaycard to as they simply haven't replied.

HSBC was an overdraft, and Egg is valid, was debating a F&F settlement. What amount would be reasonable, do the other two debts need to feature in the calculations? And is there a template?
Thank you all so much, again

Bazza66

snowedunderitall wrote: »

Hello!

I posted my letters out on the 30th July, what date do creditors then begin default exactly?

I am sending the next letter to Additions. Should I send one to LV/Barclaycard to as they simply haven't replied.

HSBC was an overdraft, and Egg is valid, was debating a F&F settlement. What amount would be reasonable, do the other two debts need to feature in the calculations? And is there a template?
Thank you all so much, again

When you say letters I assume CCA requests? If you posted them on 30th July then they go into default (if they have not supplied valid CCA) on 16th Aug (12+2 working days)

If you CCA'ed additions and they have not replied then just send them the 12+2 letter. If the others have also not supplied a valid CCA (did you CCA them?) within the timeframe then they should also be sent the 12+2 letter.

As for F&F then start the offer low (most seem to say around 20% of the original debt) as you will almost be certain that will be refused. As for factoring other debts then thats an interesting question. Personally I would since they could produce a valid CCA at any time so you would need the money then. I dont know what others would do.

A template for F&F is here

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Use drop down for F&F letter.

dvs

schoolrunner wrote: »

MBNA didn't supply anything when I cca'd them,I stopped paying and now I just get a statement each month, no charges added though.

Lucky you! MBNA have been adding charges and interest to our request for the CCA since February. We've not paid anything since then and sent a final letter last week asking them to supply or cease contact with us.

jenny2115

HI all,

Is there a step by step guide to sending off CCA`s anywhere, I have been looking through everything but there is so many different letters getting talked about its hard to follow which one is first and so forth, and the reply's people are getting back seem to differ also.

I have sent 2 CCA's to shop direct (littlewoods) also offering F&F payments at the same time, they have sent back a letter saying that they don't have my CCA and have sent back a copy of the current agreement instead, no mention of the F&F payment and hopes that is to my satisfaction.

So do I now send them a 12+2 letter?

Thanks

rog2

jenny2115 wrote: »

I have sent 2 CCA's to shop direct (littlewoods) also offering F&F payments at the same time, they have sent back a letter saying that they don't have my CCA and have sent back a copy of the current agreement instead, no mention of the F&F payment and hopes that is to my satisfaction.

So do I now send them a 12+2 letter?

It is normally advisable to keep 'cca requests' and 'F&F offers' completely separate, as the creditor/dca may interpret a 'combined cca request and F&F offer as an acknowledgment of the 'debt' in its entirety.
Still - no harm done, you do have a result in that they can not provide you with a compliant copy of the original executed cca, so this, now, puts you 'in the driving seat', in that they are, now, 'in default' and have no legal right to enforce the agreements whilst they remain 'in default'.
There is no actual 'set' procedure, as such, since each cca request will differ slightly, dependent on the individual circumstances of the 'debt'.
However, you, or any 'debtor' who does not receive a cca after the expiry of the legally prescribed 12 working days, should send them the 12+2 day letter. This lets the creditor know that you are aware that they are 'in default' and that you are aware of the restrictions that being 'in default' places upon that creditor. Once it has been established, by sending the letter, that you are fully cognizant of the rights that you, as a debtor, have under the Consumer Credit Act, and are not afraid to avail yourself of those rights, a creditor, or dca, is more likely to take any F&F offer more seriously.

The 12+2 day letter can be found in post 10 of the following thread:

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

Good luck with your F&F offer. Please read the following National Debtline factsheet on Full and Final Settlement Offers:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Couple of 'pointers' on F&F:

• Always make your first offer lower than you can afford, as creditors will, almost invariably, reject your first offer. It is always easier to negotiate up, rather than down.
• Do not make any payment, to the creditor, until that creditor has confirmed, in writing, that your offer will be accepted as 'Full and Final Settlement' (accept no other wording) of the account, that any 'default notice' referring to this debt, on your crf, is marked as 'Satisfied in full' or 'Fully Satisfied', and that nobody will, in the future, pursue, or attempt to pursue, you for any 'balance.

Kudox

Hi,
Mbna didn't supply correct CCA on request but have now passed this to Experto Credite. I have sent the "bemused letter" to them saying I don't acknowledge the debt but they are still chasing, should I CCA them or just sit tight and wait for there next move?

BlueJeans_2

Just a quick bit of advice needed.

Rec'ed a reply from Mint today re CCA request and they have stated that they do not need to supply us with the documents as s77 relates to a loan account and as we have a credit card they are not required to supply us with the details?

Should I just send the 12+2 reply.

TIA