6 CCA letters ready to go-- few questions, then our progress

[Gaznkaz08]

Have sat down with the wife and gone through our standing orders setup with DCA's (sorted through CAB a few years ago)

 

we have

 

lowell finacial x 2 -- store card and barclay card

Capquest x 2 --Halifax credit cards

Mackensie hall-- Studio account

Robinson way -- Next

 

so before i send the letters off i want to know will this stir up a hornets nest with the DCA's, will they then come after us for the money quicker, ie not accept the payment plans we have in place anymore

 

They have 30 days to produce them, if not thats it we can stop paying??

 

if they do produce them then we can have them looked over for enforceability,and also the 3 credit cards and 1 store card can also be looked at for mis sold ppi ??

 

Are any of the above especially tricky to deal with??

 

Anything else we need to know/do ??

 

 

Thanks in advance

[F_DCAs]

Not 30 days - 12 days + 2 for postage.

 

Through personal experience, MH only ever get debts that can never be substantiated. That's why they're one of the most threatening, bullying DCAs there are. If it's an older studio account, then forget about ever seeing an agreement - especially if MH are dealing with the account. So much the better though - you can legally cease paying while the request remains in default.

 

Also, when are these accounts from? And use recorded delivery at the least for each request, then keep a copy of the confirmation of receipt from Royal Mail's website.

 

If any company resumes collection activity after the CCA request has been received, report them to the OFT for persuing a debt in dispute, including any company that a debt may be passed onto. If MH fail, and they will, they'll pass it on to Meritforce.

Edited October 29, 2009 by F_DCAs

[Gaznkaz08]

Not 30 days - 12 days + 2 for postage.

 

Through personal experience, MH only ever get debts that can never be substantiated. That's why they're one of the most threatening, bullying DCAs there are. If it's an older studio account, then forget about ever seeing an agreement - especially if MH are dealing with the account. So much the better though - you can legally cease paying while the request remains in default.

 

Also, when are these accounts from? And use recorded delivery at the least for each request, then keep a copy of the confirmation of receipt from Royal Mail's website.

 

only 14 days ideal, got the recorded slips all ready to go, so as soon as this passes we can legally stop the standing orders? can they still pursue us for the debt but just not through court?

 

MH are on the phone every few months offering settlements, that could be why then

 

they are all from around 2002 2003

[F_DCAs]

Has nothing been paid on any of them since then or no written acknowledgement of debt made since then?

 

If that's the case on all of them, then there's a good chance they're all statute barred anyway.

[Gaznkaz08]

Has nothing been paid on any of them since then or no written acknowledgement of debt made since then?

 

If that's the case on all of them, then there's a good chance they're all statute barred anyway.

 

 

no we've been paying them minimal payments for the last few years after cab set up a plan for us

[F_DCAs]

So, Statute Barring doesn't apply here, then.

 

Yes, you can legally stop paying until substantiation of debt arrives. In at least one case, that won't happen, and I'd be surprised if -

 

a) The other agreements arrive also. The older the agreements, the less likely these'll be obtainable

b) If they arrive, they'll be enforceable.

 

It's certainly worth a shot. I'd also cancel the SOs now myself - you can always re-start them later on if need be.

[F_DCAs]

Also, one last point. Do NOT provide your signature on any of the letters. If you do, make it different to your usual one, then you'll know if any of the companies are trying it on.

[Gaznkaz08]

just a quickie we're doing this tomorrow , do we just put the company name on the postal order?

[Gaznkaz08]

right all 6 sent recorded today ,so by my reckoning if i haven't heard by the 19th, then i can cancel the payment, correct??

[Gaznkaz08]

right we got our first reply today from Robinson way re: Next card

 

saying this

 

 

whats the next step, if it's unenforceable as they say it might be do we stop paying??

[hungrybear]

Your next step is

1) there is no legally enforceable debt so you do not have to pay. Having paid before on a 'voluntry' basis has no future legal standing

2) you can only be defaulted ONCE and technically there has to be a contract/agreement to default on

3) If you have been defaulted/terminated and the 'account' passed to nobinsons then there is no account for them to report anything on.

 

I would stop paying NOW - remember the OC wrote this off you are lining the pockets of the DCA.

 

And

 

I would get a DPA cease processing my data letter off asap. They have no legal right to process you data either internally or externally without a contractual agreement from you - there's templates for this on CAG.

 

Looking at the list of OC's and DCA's you provided I would be amazed if you get ANY CCA's. Be prepared for MH to get bollshi - just hit them back with a bigger bat and Capquest will no doubt try to baffle you with a load of meaningless 'legal' twaddle.

 

And yes on the 19th cancel ALL standing orders with extreme prejudice!

[Gaznkaz08]

Your next step is

1) there is no legally enforceable debt so you do not have to pay. Having paid before on a 'voluntry' basis has no future legal standing

2) you can only be defaulted ONCE and technically there has to be a contract/agreement to default on

3) If you have been defaulted/terminated and the 'account' passed to nobinsons then there is no account for them to report anything on.

 

I would stop paying NOW - remember the OC wrote this off you are lining the pockets of the DCA.

 

And

 

I would get a DPA cease processing my data letter off asap. They have no legal right to process you data either internally or externally without a contractual agreement from you - there's templates for this on CAG.

 

Looking at the list of OC's and DCA's you provided I would be amazed if you get ANY CCA's. Be prepared for MH to get bollshi - just hit them back with a bigger bat and Capquest will no doubt try to baffle you with a load of meaningless 'legal' twaddle.

 

And yes on the 19th cancel ALL standing orders with extreme prejudice!

 

 

ideal thank you, can't see a template for that letter though, would that include anything about ceasing the payments or would that be a separate letter

[Gaznkaz08]

found a template, because they've stated there is no CCA then can i send it straight away without waiting for the 19th to come?

[hungrybear]

found a template, because they've stated there is no CCA then can i send it straight away without waiting for the 19th to come?

 

 

Yes, actually it's technically a different matter. They must provide proof as to why they think they have the right to process your data.

 

Also, send it recorded delivery to the company secretary at their address on companies house (www.companieshouse.gov.uk - use the webcheck service half way down on the RHS)

 

And they've done better than not provide a CCA - they've told you that they have no legally enforceable debt!!! Must have a new trainee in the chimp template room I expect:lol:.

 

One down five to go

[Gaznkaz08]

Yes, actually it's technically a different matter. They must provide proof as to why they think they have the right to process your data.

 

Also, send it recorded delivery to the company secretary at their address on companies house (www.companieshouse.gov.uk - use the webcheck service half way down on the RHS)

 

And they've done better than not provide a CCA - they've told you that they have no legally enforceable debt!!! Must have a new trainee in the chimp template room I expect:lol:.

 

One down five to go

 

 

we've stopped the standing order and will be sending the letter tomorrow, if they call then, we just tell them that the debt is in dispute therefore they cannot pursue it anymore??

[F_DCAs]

I'd be inclined to stop them now. Are any of them due out between now and the 19th? Besides, you have reasonable grounds for stopping payment and you need that money more than they do.

[Gaznkaz08]

I'd be inclined to stop them now. Are any of them due out between now and the 19th? Besides, you have reasonable grounds for stopping payment and you need that money more than they do.

 

 

they're not all due again till the end of the month, wouldn't want to stop them, then get a cca turn up, then them get narky and not accept what we had been paying previously

[hungrybear]

They cannot pursue the debt whilst in dispute. And technically they cannot resolve a 78(6) breach without a court order after the 14 days.

 

Let them ring or write once then combine the 'no phone calls', 'no doorstep visits' and 'in dispute so prove it or sod off' letters into one nice big special booby prize:p. Also remind them that CPUTR 2008 and DPA 1998 prevent sale or transfer of the debt whilst it is in dispute.

 

then tell them you will not respond again until the dispute is resolved. Then chuck anything they send in a draw and forgetaboutit - but keep everything, just in case you feel the urge at a later date to go after harassment.

 

You are starting in the same position as my wife was in 18 months ago, now -thanks to my CAG 'degree' in consumer laws none of then get a penny and they cannot do a thing about it - the list of idiots we've seen off is 1st, MH, capquest, scotcall, robinsonway, meritforce, cabot and eos.

 

Stay strong and be prepared for some recorded delivery statements that prove sod all and some laughable legal reasoning!!!

 

At the end of the day, whatever crap any of them come out with, 14 days after a CCA they either provide an enforceable agreement to you or produce one for a district judge or shut up. There is no gray area. All our DCA 'friends' have been told by recorded delivery either take us to court or shut up and they all shut up.

[Gaznkaz08]

ok thanks, you've steadied the wife's nerves a bit

 

can you keep an eye on this thread for any further developments:)

[angel_1]

hiya all

 

just looking in and being assured all the time from others myself too

 

so i can understand totally your wifes nerves but really once you get to know the knowledge of what are your rights you start understanding the tactics of creditors and know what thier rights are too, but once they deviate from the legal route you get better at spotting that their letters are just full of waffle - until you get a court claim then its time to panic, stop - calm down - then cag and its fab members will help us all

 

have a fun day laters angel x:)

[Gaznkaz08]

right reply from lowell re: a store card

 

 

take it this is stalling tactics, if i haven't had the cca on the 19th then can i still cease payments?

[hungrybear]

right reply from lowell re: a store card

 

 

take it this is stalling tactics, if i haven't had the cca on the 19th then can i still cease payments?

 

That my friend is a waste of paper and ink. Furthermore you have wasted your scanner and electricity posting it:).

 

No, you don't appreciate anything about them and documents. They should not come threatening in the first place if they do not have the documents to hand.

 

They can advise what they like no agreement by the required date = cca 78(6) dispute - no gray area, no latitude, no 'ahhh poor little debt monkey with no agreement'.

 

File that letter under F for Funny and wait for the 'unfortunately' letter.

[Gaznkaz08]

That my friend is a waste of paper and ink. Furthermore you have wasted your scanner and electricity posting it:).

 

No, you don't appreciate anything about them and documents. They should not come threatening in the first place if they do not have the documents to hand.

 

They can advise what they like no agreement by the required date = cca 78(6) dispute - no gray area, no latitude, no 'ahhh poor little debt monkey with no agreement'.

 

File that letter under F for Funny and wait for the 'unfortunately' letter.

 

must admit can't believe they've been chasing us with no cca in their possession, as i'm pretty new to all this i guess i'll get used to being amazed by what they get up to, lol

[Gaznkaz08]

right i sent a data protection letter to robinson way after their reply saying there wasn't a cca, and i've just had this reply

 

 

 

i thought they couldn't pass my info on anymore if it's in default

[Gaznkaz08]

anyone?