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I know theres loads of advice on here but my mum wants to play it slightly different as she does not want the hastle of calls at her age from BC or want her credit rating hit with a default (even though technically they can't issue one if its in dispute but we know they do!).
I have CCA'd and got the usual terms and condition copy and now sending next letter CCA'ing then again and putting the account into dispute. The thing is she does not want to stop payments - not even if no CCA comes through. What is the best way forward with this. There will be no charges to reclaim later on so does she actually need to SAR them for court or does it not have to be done. Also, how do we move it forward as if she is not in default they will not take her to court - do we take them to court.
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Re: Bc Ex Ms Odd Case Help For Mum Please
so sorry for being thick.
but what are you trying to achieve here?
if you are going to continue to pay even after a failed CCA request, why have you cca'ed them?
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Hi, She cannot afford to pay it anymore and she seems to think that she never had an agreement with Morgan Stanley. Can she not get the debt written off in court due to having no agreement or an unenforceable agreement without stopping payments first??? Someone told me its better for you in court to show you are still paying than refusing to pay and also does not affect your credit.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
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25,037
Re: Bc Ex Ms Odd Case Help For Mum Please
ok.
well TBH they cannot take her to court to force payment anyhow without an enforceable agreement.
have you posted the cca return up to get the members here to check it?
if this is your only thread about this, then i'd p'haps do a bit of reading up on unenforceable agreements, plenty of info if you use the search in the blue bar above. see how others have tackled the issue.
my thought lie with the old saying -NO CCA = NO PAY , but ofcourse there are moral issues with that stance.
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Hi, I think you are missing the point. I know about CCA. Barclaycard only send out terms and conditions which is what I have, If I had a CCA I would know what to do . I am asking what to do if she still wants to continue monthly payments but write off the debt as no CCA so far and BC don;'t tend to send them. Can anyone help please or shall I start new thread so someone else can help., thanks, sue
The bottom line is if she continues to pay, they will have no reason to take her to court and would not take her to court in any instance if there is no CCA no matter how often they would threaten to, as they would know they could not win. If she continues to make payments, they are going to continue accepting the payments, even if she is in dispute. They are not supposed to persue for payment when a debt is disputed but they are not forcing her to pay, she is volunteering the payments.
Unless she takes THEM to court, I really don't see an end to this for your mum. And to be honest, I'm not sure on what terms she takes them to court. She is voluteering payments.
The first thing the court will ask is this: "If you don't believe you owe the debt, why have you made payments?" - It's more likely they will see this as an admission to holding the debt. You also need to take into consideration what would happen if they turned up at court with the CCA. It does happen unfortunately.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Without getting involved in the moral debate about repaying the debt, if YM continues to pay on the a/c, she can presumably afford it.
If she cannot, she should stop paying and deal with the consequences, eg Default, harassment by phone, nasty letters, etc. But I can see why you wouldn't want her to bring all this upon herself. Roughly what is owed and how much are the monthly rep'ts.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hi, thats great - thanks. I was just under the impression that yoiu could take the case to court to get the debt written off if there was no CCA or it was flawed ie not precribed terms. My friend has an Egg one being delt with by a company who do this and they have actually told her to keep paying as it will help her case at court by showing she is not refusing to pay. They have said they will take EGG to court as the CCA is flawed and get it written off as unenforceable and then she would stop paying. They have told her EGG should settle out of court rather than go through the process in court and she would have an undamaged credit history, Can you shed any light on this then as thought this was the route if you still pay. Thanks, sue
That's a different case altogether if the CCA is flawed. The CCA is there, but there is a flaw (loophole) which will possibly enable your friend to have the debt written off.
In your mum's case they have not provided the CCA. Not providing a CCA usually means they don't have one, but not always the case I'm afraid, as others have discovered. If it goes to court and the CCA suddenly makes an appearance, your mum will have wasted time and money on the court case.
Once an account is in dispute, your mum can stop making payments legally, and if they want her to pay then they will have to take her to court and enforce it with a properly executed agreement. The OFT states that they should not pursue a debtor when an account is in dispute, if they continue to do so, then I suppose after firing off various letters to them warning them of their harassment and reporting them to the appropriate bodies your mum could raise a civil action in court.
However if an account is in dispute and the debtor continues to pay voluntarily the DCA can and will accept payment as they are not pursuing; it is being volunteered. If you have no physical evidence in your possesion that they cannot collect on the debt, (such as a flawed CCA for example, or a letter confirming there is no CCA - not "can't locate a CCA", but "no CCA") and they are not harassing your mum or acting in any other illegal manner or against OFT guidelines, then on what grounds do you plan to take them to court? And what evidence do you plan to present to the court?
These are the things you need to consider, because these are things a court will ask.
Aha, now it all becomes clear Thank you so much for explaining this to me as you have. Now it is obvious why the CCA paperwork is so important and why it makes sense to keep plugging away to get one to check its enforcability. I shall have a chat with her and see how she now wants to play it but once again many thanks. sue
Bc Ex Ms Odd Case Help For Mum Please
them for court or does it not have to be done. Also, how do we move it forward as if she is not in default they will not take her to court - do we take them to court.
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. I am asking what to do if she still wants to continue monthly payments but write off the debt as no CCA so far and BC don;'t tend to send them. Can anyone help please or shall I start new thread so someone else can help., thanks, sue
Thank you so much for explaining this to me as you have. Now it is obvious why the CCA paperwork is so important and why it makes sense to keep plugging away to get one to check its enforcability. I shall have a chat with her and see how she now wants to play it but once again many thanks. sue