Thread: Help & Advice Needed

you need to be clear on 'what' you can do with the outcome of any cca's you send out.
on the moral side, ok a cca may comeback and be verified as being unenforcable, but, at the end of that day, that just means that until an enforcable agreement is produced, the debt cannot be enforced & you may cease payment. it does not mean that it goes away.

you may be able to negotiate a very low F&F to close the matter, should it prove invalid, but that's just about it. don't assume though that it means its disappeared in smoke by some magic of the credit system.

as for the PPI[s] [and p'haps charges?] pers i'd use all those reclaim methods to reduce the [alleged] balance, then if it turns out unenforcable, offer a very low figure to close the matter once and for all.

on the front of reduced payments, you TELL them what they are going to get & they like it or lump it.
if and a very BIG if, it ever got to court, any judge would laugh it out the door as you have already made and are paying a resonable amount.
typically they will assign a smaller figure.

most creditors know this but sadly chance their arm.

i cannot recommend more highly doing some reading the named forums of those you are preparing to do battle with.

the more you read, the stronger you become

dx

The first thing I would advise, if you are in England or Wales, is to give National Debtline a call on 0808 808 4000. They will help you with setting up a debt management Plan so all your creditors get something on a pro-rata basis. You made a very wise move opening another bank account. Banks don't care if you need that money to survive. They'll take as much as they see fit towards the overdraft.
No doubt alanalana will be along soon with some (excellent) words of advice and plenty of links to read up on. A good place to start as always would be the stickies at the top of this page.

Originally Posted by Sprice63

I recently experienced a drop in income so wrote to loan and credit card companies asking them to accept reduced payment until situation improves. Personal loans with HFC, Barclays and MBNA and CCs with Capital1, RBS, Barclaycard and MBNA. The MBNA loan has single payment PPI and I have written to them to claim for misselling and recently discovered Barclaycard with PPI, so wrote to claim as well. Received letter from MBNA to say they will respond by the end of the month, whilst Barclaycard sent me an enquiry form to fill. The Barclaycard was taken out over 10 years ago and I dont recall ever applying for PPI with it. Should I complete enquiry form or request CCA? I plan to request CCA for all loans and CCs, as I think some of these are not enforceable.
As I am in the process of negotiaing reduced payments with these companies via a self managed DMP, is it advisable to proceed with requesting CCAs and challenge some of these agreements at this stage?

Is it the case that loans and CCs taken out after April 2007 are generally enforceable, or does this depend on the agreement? HFC loan was taken out after April 2007, Cap 1 CC and MBNA CC also after April 2007.

Any help or advice will be very much appreciated.

Hello sprice,

I would advise you in each case to begin by sending a Subject access request asking for all the data they hold on you.

If you're struggling to meet all of the payments then seek some help. The Consumer Credit Couselling Service (CCCS) are good at managing debts. Just google and you should get the information you require. There will also be others who could help.

If you wish to reclaim the PPI elements attached to each loan or CC then that is fine but you will need to be sure you have a case for reclaiming.

If you intend to go down the Unenforceable agreement route once you receive copies of the CCAs I would advise you to look at this thread first....

Is My Agreement Enforceable - Useful

Some other links to help you...SAR template letters here...

Full SAR for ppi

and here...

Data Protection Act 1998 - Subject access request

and be sure to ask for these:

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

The things you should get from a Subject Access Request are:

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

Copies of all your statements.

Copies of all correspondence with regard to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

Specifically request the demands and needs/Customer duty of care questionnaite which should have been completed at the point of sale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf


The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

Please have a read through the following links for further information.

PPI - Some Notes for Claimants..

For claims before 2005 and the FSA ruling from which campaign
How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08
Reclaim your PPI premiums - payment protection insurance | This is Money

This is a little snippet from the above link....
Quote:
Can I reclaim on any PPI policy?
Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.
All of the above and more in this sticky at the top of the forum.

links

It's a lot of reading but some useful stuff in there

Hope this helps

Homework first

Then claim your money back

aa

Originally Posted by Sprice63

Thanks AA. Do I also request CCA as well as that will take 12+2 days?

The SAR should cover the the CCA. But if you only need the CCA then a CCA request with the fee of £1.00 with the 12 + 2 days for actions should do. It is your call as to how much information you require.

aa