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Cca Requests Updates Please

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  • I posted this earlier today on its own thread but it seems to have disappeared onto page 2 because of the sheer volume of threads on this site. I think I should have posted it onto this thread in the first place as it relates to CCA requests.

    I don't know whether anyone has any advice for me re some catalogue debts. I have been on a self administered DMP since Feb and all major creditors agreed to my offer of reduced payments.

    However I have 4 smallish catalogue debts who simply ignore all my correspondence and refuse to accept anything less than the total arrears. I then requested CCA's and statements of accounts to try and buy a bit of time, not to get out of paying but hopefully to enable me to pay what I can actually afford.

    The situation is now that Littlewoods, Additions, and Kays do not have CCA's, have written and said that they are closing the accounts and not pursuing the debts but then transferred it to NDR. They have written to say that they do not hold any statements or records of default charges for more than 12 months so I can't have a list of charges etc.

    Grattan have sent some sort of CCA but it doesn't look right, I certainly haven't signed it. They have sent statements back to June 06 but say they are not obligated to give me any information further back than that. My balance for Grattan is approx £300 and the charges going back to June 06 total £130 so I'm sure if I went back the whole 6 years my charges probably outweigh my balance if you know what I mean.

    Anyone got any advice on my next move? Thanks
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Anyone got any advice on my next move? Thanks

    Hi mm+m - I will 'bump' your other thread back to page 1, but 'Catalogue Debts' are a bit 'specific' in that they were often agreed to verbally.
    However, catalalogue debts that were pre 2006 are still subject to the regulations of the Consumer Credit Act, 1974, and should be the subject of a consumer credit agreement.
    Have a look at the NDL factsheet:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

    Hope that helps.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Right then, here we go again:rolleyes: cap one sent letter today saying im in default, and they will pass it over to DCA, in same post!! had a letter from Debitas (i know they are one and the same) saying to ring either to pay full balance £1,208:94 or to speak to one of their specialist team(?)lol. Now while i am quite willing to ring and offer an amount each month i have read horror stories about Debitas, so i am not sure whether to CCA them or to set up a standing order of £10 a month wait a few days and write to them stating what i am paying them. Dont want their door-to-door folk coming, although i know they have no more rights than a paperboy, i do not want whole street knowing i cant pay my bills. What to do? have read the infamous Debitas thread and wish to god i had the guts to do that. Also have cca`d Moorcroft re: marshall ward account, they have cashed my quid but no cca. Also NDR acting on behalf of Additions have cashed the £1cheque, took it off balance, and have sent a letter today stating they have no agreement but have sent a blank agreement saying "you had one of these"!! but we havent got a signed one but you still owe £x amount. i dont know whether im coming or going.:eek:
    Any ideas guys?
    DFW NERD....560

    :hello: hello everyone

    Mai`ch a**e chwytha i fyny ai ach`n frwnt ata!!!:p
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Right then, here we go again:rolleyes: cap one sent letter today saying im in default, and they will pass it over to DCA, in same post!! had a letter from Debitas (i know they are one and the same) saying to ring either to pay full balance £1,208:94 or to speak to one of their specialist team(?)lol. Now while i am quite willing to ring and offer an amount each month i have read horror stories about Debitas, so i am not sure whether to CCA them or to set up a standing order of £10 a month wait a few days and write to them stating what i am paying them. Dont want their door-to-door folk coming, although i know they have no more rights than a paperboy, i do not want whole street knowing i cant pay my bills. What to do? have read the infamous Debitas thread and wish to god i had the guts to do that. Also have cca`d Moorcroft re: marshall ward account, they have cashed my quid but no cca. Also NDR acting on behalf of Additions have cashed the £1cheque, took it off balance, and have sent a letter today stating they have no agreement but have sent a blank agreement saying "you had one of these"!! but we havent got a signed one but you still owe £x amount. i dont know whether im coming or going.:eek:

    Hi CW - so many questions in such a small post. :rotfl: :rotfl:

    First of all - YES, I would, indeed 'cca' Debitas.

    Don't worry about their 'doorstep collectors' - as you correctly point out - they will have about as much authority as a 'paper boy', although they often do try and make a spectacle out of doing their job. :mad: :mad:
    They are most unlikely to turn up in the immediate future - in fact they should not turn up at all without a prior appointment and you can refyse them permission - but that's another story. In the meantime, get the cca request in, pdq.

    How long ago is it since you requested the cca from Moorcroft?

    Have you sent any of the follow up letters?

    NDR - well, all I can say is that what they have done is a typical 'dca' tactic - it still, however, does not absolve them, in any way, from their obligations under the Consumer Credit Act, and you should send out the follow up letters as normal.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • i will check moorcroft letter and when they cashed cheque, THINK it was end of last week, so i can now send second letter isnt it? I will cca debitas. Re: NDR send second letter also? After what happended with Moorcroft before i am a bit hesitant to keep sending letters as they totally ignore them anyway. Thanks very much rog2. So dont ring debitas?
    DFW NERD....560

    :hello: hello everyone

    Mai`ch a**e chwytha i fyny ai ach`n frwnt ata!!!:p
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    So dont ring debitas?

    Definitely do not ring Debitas - keep all correspondence in writing only. If they ring you, simply refuse to confirm your identity and tell them you will only deal with them in writing - then put the phone down.
    They will continue to ring, but if you repeat the same thing every time, they will, eventually, get the message.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • but i DO owe Cap one, been making token payments. Account is only bout 2 years old so prob WILL receive a cca. Arent I just delaying? Dont want it going to CCJ. Just want them to accept a reasonable amount each month.
    DFW NERD....560

    :hello: hello everyone

    Mai`ch a**e chwytha i fyny ai ach`n frwnt ata!!!:p
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    but i DO owe Cap one, been making token payments. Account is only bout 2 years old so prob WILL receive a cca. Arent I just delaying? Dont want it going to CCJ. Just want them to accept a reasonable amount each month.

    No, CW - you are, in fact, putting everything on a clear and legal footing. IF you receive a cca, then you can go about 'negociating' a payment plan, that YOU can afford, and without undue pressure from a dca.
    Even if it does go to Court (For which they would have to provide the cca) then you would be able to ask the court to rule on a monthly payment, based on your income/expenditure, and that Court is most unlikely to force you to pay any more than you can afford, with any resultant payment order being just as binding on your creditor/dca as it is on you.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • OK will cca debitas and see how it goes. thank you for answering.eeek
    DFW NERD....560

    :hello: hello everyone

    Mai`ch a**e chwytha i fyny ai ach`n frwnt ata!!!:p
  • Hi

    Have cca'd a few dcas with varying results and wouldn't mind an expert opinion on whats happened so far and what i should do next.

    Moorcroft (Citi) - request sent on 7july08 by recorded delivery. To date it cannot be traced with royal mail as being signed for despite numerous calls. However we rec'd a letter from them dated 11july08 indicating that they are looking for cca and will be in touch when they find it! By their response they def rec'd it should I send 12+2 letter now or leave it seeing as they've gone quiet & not hassling?

    Fredrick Int (Capital 1) - request sent on 7july08 by recorded delivery same time as moorcroft one. Again, cannot be traced but i have had no communication/correspondence from them since and they were ringing before. Should i send the 12+2 letter or just leave it?

    Blair, Scott & Oliver (Sainsburys) - request sent by rd on 11 july. Signed for on 14july08 (have electronic proof from net) Had a letter from them asking me to contact them on 25july08 but not saying anything about the cca request. I haven't contacted them. Had another letter dated 7aug08 saying thank you for your payment, (I hadn't sent them anything for the month as yet as on token payments so assuming they cashed the postal order and took that as a payment?) and that it wasn't enough and they wanted me to get in touch to arrange paying the rest! Should I send 12+2 letter?

    Link Financial - Sent cca requests on 13aug08 so await reply. Anyone had any dealing with these people?

    How do you check is a postal order has been cashed? Have got the reference numbers on the recipts but not sure where to check.

    Also, I'll need the proof of delivery as my backup paperwork so how do i stand with them not being able to track it, even though Moorcroft (and possibly Fred Int seeing as they've gone quiet) have received the correspondence?

    Sorry for so many questions i'm just not confident enough in this whole process yet to move onto the next stage without advice!

    Thank you in advance for any advice.

    IP
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