CCA request

2456789

Comments

  • AllTheHelpICanGet
    AllTheHelpICanGet Posts: 34 Forumite
    Name Dropper First Post First Anniversary
    You sound to be in pretty much the same situation as me; or at least the same thought process. I have just sent off some CCA requests (with a few more to do) and intend to go down the same route as you if I get similar responses. I'm very apprehensive about leaving stepchange though as I worry incase I start to get lots of threats and hassle whereas its been really quiet and run smoothly for the last number of years. I know that I'll need to take the plunge though if I want to self manage and deal with some creditors over the CCA request side.
  • jcorbygas
    jcorbygas Posts: 581 Forumite
    First Post First Anniversary Combo Breaker
    edited 20 June 2017 at 4:12PM
    We have been on a DMP with Stepchange for the last 7 years. OH did not know about the debt so I was on this forum for a time getting a lot of support about how to tell him. The reason for going with Stepchange was to stop the phone calls and letters and I am worried that it will all start up again but our income has gone down considerably lately,(I left my last job due to stress making me ill and now I have more time and headspace to be able to write letters etc) and I want to get rid of these debts asap now, so I feel that getting in to the position of being able to offer very low amounts as full and final even if they are unenforceable would be better than continuing on being on a DMP for the next 10 years or so paying very low monthly payments to the creditors.

    Most of the defaults are now off our credit record with nearly all coming off within the next year.
  • Max_and_sasha
    Max_and_sasha Posts: 82 Forumite
    Hi everyone

    Surely if a debt collection agency doesnt hold the correct paper you would think they SHOULDN'T be able to update your credit file as they have no right to collect the debt therefore no right to update your credit file

    Just my opinion

    Max
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
    Name Dropper First Post First Anniversary
    Max_and_sasha wrote: »
    Hi everyone

    Surely if a debt collection agency doesnt hold the correct paper you would think they SHOULDN'T be able to update your credit file as they have no right to collect the debt therefore no right to update your credit file

    Just my opinion

    Max

    Most debt collection agencies are normally acting on behalf of the owners of the debt, and under their instructions. There is no reason for them to hold all the information - indeed it would probably be physically impossible for them to hold all the information which could be going back years and years.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • sourcrates
    sourcrates Posts: 28,833 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    A DCA can only update your credit file if they own your debt.

    DCA's acting on behalf of clients can't do anything.

    Debts are bought and sold in bulk all the time, they have no idea if the accounts they have bought are enforceable or not, as no paperwork changes hands.

    This issue should be resolved later this year when the law changes so that a debt collector must provide evidence of a debt on first contact.

    This should ensure greater compliance all round.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • AllTheHelpICanGet
    AllTheHelpICanGet Posts: 34 Forumite
    Name Dropper First Post First Anniversary
    You are definitely in a very similar position to me! I've been doing mine for about 8 years now with stepchange and am thinking of going solo for exactly the same reasons as you. You are braver than me though as I still haven't told my husband....

    I'm really worried that the phonecalls etc will start again once I'm doing it myself but I am just hoping that if I manage it properly and they can see that I've made regular payments for the last 8 years that they will take that into consideration and accept me managing it myself. I'm apprehensive about the responses to the CCA requests I've sent out. I swing between being terrified of taking this step and excited about the posibilities of being able to work out some good F&F's to get debt free quicker!
  • jcorbygas
    jcorbygas Posts: 581 Forumite
    First Post First Anniversary Combo Breaker
    AllTheHelpICanGet - I will keep updating as and when I hear anything more from creditors. There was a promising post today where someone had replies back from quite a few showing the debts as unenforceable from the same creditors as I have so fingers crossed!
    Yes - it is very hard telling OH and I am rather worried that he will start getting stressed again if phone calls etc start but I made a very good financial decision last year re his pension (unusual for me to make a good decision like that) so I think he trusts me more now than 7 years ago!
    Due to our change in circumstances I wouldnt have been able to make this months payment to Stepchange anyway so I definitely chose the right time to go self managed.
    Keep us updated with how you get on.
  • Julie67
    Julie67 Posts: 2,362 Forumite
    Combo Breaker First Post
    Hi, I have just posted this info on the DMP thread and thought it might be helpful for you guys. I had also been with SC for about 4 years so not quite so long but all the creditors have been totally accepting of us going self managed. I had the same worries and as you can see below for the first time in ages I feel i am finally getting somewhere.

    I wrote to all my creditors on 12th May requesting a copy of the CCA's.
    So far
    Idem(Halifax) unenforceable
    PRA(Barclaycard) Unenforceable
    NCO (HSBC) still waiting account on hold
    Robinson Way (Tesco) Still waiting account on hold
    Lowell (ASDA) still waiting account on hold
    Nationwide have cashed the £1 cheque and deducted it from the balance, completely ignoring the request.

    I intend to send follow up letters to NCO, Robinson Way, Lowell, and Nationwide, repeating the request. My first question is how long do I wait before assuming the can't find them and write saying I'm not paying anything else?
    Secondly I now intend to write and tell Idem and PRA that I have no intention of paying anything else. Does anyone have a template letter for this or did you just put something together yourself?

    It all feels very strange at the moment and very quiet. No letters or phone calls and working to get together an emergency fund.

    Hope this is helpful
    Started Self Managed DMP 10th May 2017.
    Working hard to get rid of our debt.
  • AllTheHelpICanGet
    AllTheHelpICanGet Posts: 34 Forumite
    Name Dropper First Post First Anniversary
    I will definitely keep you updated! I've seen the post too I think and I have debts with the same DCA and am hoping mine will be unenfourceable too. Good luck!
  • AllTheHelpICanGet
    AllTheHelpICanGet Posts: 34 Forumite
    Name Dropper First Post First Anniversary
    Julie67; may I ask once an account has been put on hold did you stop making payments to it?
    I have four accounts that still show on my credit file and I'm most wary about those ones as I don't want them to start looking bad again. If the debt is uneforceable can they still negatively mark my credit report?
    Thank you for your reassurance that your creditors accpeted you going self-managed - they're the stories I need to hear right now!
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards