CCA Request – advice needed

laccal

I have been with payplan for over a year and everything was going well until I received a letter from Phoenix – Marlin recoveries stating that they now own my Sainsbury Bank credit card debt and as I am a home owner they want 200 quid a month to stop it going to court and stop any CCJ and charging order.
On the basis that I pay Payplan 150 a month this is not an option.

I contacted them and they said its 200 quid no arguments or we will take you to court,

I am worried as a CCJ will (severely) jeopardize my job. I think they are trying it on as all my other creditors are fine with the repayments (so far)

SO MY QUESTION IS THIS.:rolleyes:

This debt relates to a credit card with Sainsbury opened about 2000 although lost card in 2003 and new ones sent with different account number. Should I be asking Marlin for the CCA. If they do not have it does this mean they cannot take me to court? Hopefully they will send it back to Sainsbury and then I might get a more helpful company take it on.

Has anyone had any dealings re CCA and Marlin/Sainsbury

Also

Does anyone have the link to the Draft letter(s) that I need to send?

shinyhead

Hi laccal,
If a DCA starts getting heavy then definitely ask for a copy of the CCA. I think sometimes that it's the reason why some accounts get sold to them because they are legally unenforceable. Won't stop them trying it on though.

Sorry I don't have a link but look up the National Debtline website and you'll see a section called sample letters. Thre's one there that you simply have to fill in some info then print off. Don't forget DO NOT sign it-just put your name at the bottom. Send it recorded delivery.

Are you sure a CCJ wll jeopardise your job?

10past6

Hi This is what you need:

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
XXXXXX
XXXX
XXXX
XXX

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

When you write to them, also be sure to include this:

they are in breach of the OFT guidelines:

2.8 Examples of unfair practies:

C: Refusing to deal with appointed third parties, such as CAB, Independant Advice Centres, Money Advisers.

Contacting debtors directly, and by passing their appointed representatives, i.e CCCS, National Debtline, CAB, Payplan, etc, etc.

GeorgeUK

You could ask for the CCA, but remember it's not a silver bullet. The debt will still exist and they may come back at up to 6 years later and produce it in court. Not sure this is likely to happen - especially as you are offerring to make a payment.

That said, i would do the request as you are currently not making any headway with the DCA so will not really be any worse off.

laccal

Not got a problem repaying the debt as i have been making regular payments to all my creditors for well over a year, never missed one!!

i just feel that the bullying tactics of the above company are OTT. Therefore if they want to take me to court and try and get a charging order on my house then its only fair I protect myself and try and make it as hard as possible.

I appreciate they have no obligation to accept my payments via payplan but its the best i can do and more importantly its the best offer they are going to get!!

I suppose the best outcome is they bounce it back to Sainsbury, although i do not know how this Marlin lot operate!! (will probably find out soon)!!!

10past6

laccal wrote: »

Therefore if they want to take me to court and try and get a charging order on my house then its only fair I protect myself

If, and it's a big if, they do take it to court for a charging order, you simply ask the judge to REFUSE their application, as this will be unfair on your other creditors, who have been reasonable.

laccal

10past6 wrote: »

If, and it's a big if, they do take it to court for a charging order, you simply ask the judge to REFUSE their application, as this will be unfair on your other creditors, who have been reasonable.

but its still a risk, reading the forums people still lose so would like enough evidence so it does not get that far.

i did not think it was a dead cert that they would be refused

shinyhead

No it's not. Also they have to get a CCJ then the payments are not kept up before a charging order can be considered.

fermi

For the sake of argument, if the creditor/DCA did produce a enforceable agreement and get a CCJ, then as long as you respond promptly and properly then the most likely outcome would be the court making an instalment order based on your means at about the same level as they get from your DMP.

The creditor should only be able to get a charging order if you default on the instalments.

Even if the unlikely happens and they get a charging order, then they will only mean they get their money when the property is sold. Examples of a court granting a sale order on a home in these circumstances are as rare as "hens teeth".

So to be honest, while you are in a DMP with a not so hot credit rating because of defaults, then you really have nothing to lose. In my opinion anyway.

laccal

again i thought that they can apply for a CCJ and ask for the money to be repaid forthwith AND NOT in installments. Then they can apply for the Charging order

I am not always this pessimestic (honest)

10past6

laccal wrote: »

but its still a risk, reading the forums people still lose so would like enough evidence so it does not get that far.

A judge will decide a case on the information in front of him / her, not what some DCA say / request, you will have a proven track record of dealing with your creditors in a responsible manner, i.e DMP.