I've just come back on to CAG after a long while and have been looking at the charges Preferred/Capstone/Ascenden have added to my account. I've had an interest only mortgage with them for about 2003, and about to pay it all off as I'm selling the property. So how do we move this forward?

Please PM me!;)

Yes it'll have the name of the mortgage/loan company but in additions, I think what Supersleuth is saying is that from the TR4 you'll have the other title numbers which were securitised with yours. Like you've rightly pointed out there's no ownership info thereafter..... So my question is, and has been.....how do we find these SPVs?:? As the brochures don't seem to be leading to anywhere at the moment..... Maybe the directors report / annual report from Companies House will have something as mentioned earlier on....

Supersleuth, what would be the advantage of knowing a large chunk of mortgages that were securitised with mine?!? What we all need is the name of the SPV that now 'owns' our mortgages....isn't it?!?

LOTM, what charge did the court tell you to put on the form though?!?

By the way, does anyone know the position of charging orders? I have a final charging order on my property by RBS from a defaulted overdraft and loan. I'm assuming this charge is like a 2nd (i.e. equitable charge) charge on my property and the original CCA on the loan can't be requested?!?:-?...or can I? ......................but how about if I receive an unenforceable CCA from them, can I have the court set aside the charging order?!?:-?:-?

Peter, thanks for the clarification. Looks like the only way to propose a full and final on these current accounts is to default on them so they can be sent to a DCA. I'll then offer a full and final amount to the DCA.....

Out of interest, do unenforceable CCA requests apply to current accounts as we all seem to have been referring to credit cards and loans?

It sure is AnimalMagic, it sure is!...lol!!

Ok...I've been on CAG for the last 8 hours (approx) and really want to thank everyone for their contributions and sharing opinions and experiences. I've, thus far, I've decided that: 1) I won't declare bankrupcy or go for an IVA. 2) The fact that I make token payments to an account which has an unenforceable CCA doesn't suddenly mean I'm acknowledging the debt. 3) I'll be making token payments of £5 p/m onto all my accounts and in addition pay off all my creditors off one at a time every month. This will be in the form of a full & final payment offer of 30%. Hopefully they'll agree! I'll keep u updated.....

I agree with Foolishgirl....

Yes, it was Francis Bennion QC (his web-site is Francis Bennion - Home Page)......found this on the internet. Under the Consumer Credit Act 1974 and associated case law, a regulated credit agreement must, as we know, have certain pieces of information contained within the 'four corners' of the agreement that is signed by both parties. He said that any lender who failed to fulfil these requirements should not have the right to claim the money back and he was glad that parliament who enacted it had agreed with him! He actually stated that any money given by a lender under these circumstances should be considered a gift from lender to debtor so not be recoverable! (See also Wilson appeal case if interested.)

Hi Holley, I'm not sure what the 'reasonable' offer would be exactly but I know that if u have an IVA you end up paying only about 25%. From my experience of full and final payments (not IVA), I've offered about 35% and it was accepted as I told them.....maybe it was becuase I told them I was going to start a 3 year degree and wouldn't get a penny off me during my course! .....Can anyone else share their experiences?

Interesting.....I'm liking your stance! Did you CCA creditors who had a 2nd charge on your property? Does anyone know what happens with these? Natwest has a final charging order on my property and have offered to accept £40 p/m to clear the £2000 outstanding; however, they have a suspended warrant of execution in the court. How does their CCA non-compliance affect this debt?

Hi Magda, you say that ".....I had a large number of creditors and most of them are no longer chasing the debts. I certainly was not taken to court, although of course it was threatened on many occasions. You just need to be determined and stick to your guns...".....What are your long term plans? Do intend never to pay these creditors?? .........or are u making payments as and when u want to?:-?

Does anyone know how unenforceable CCAs affect IVAs (Individual Voluntary Arrangement) and accounts already paid up as full and final??

I see! You say "if there's no contact with the creditor for 6 years....", does that mean if I don't contact them and totally ignore them even if they keep chasing me for the money by phone calls and letters for the 6 years? In other words, if I send a letter of CCA non-compliance and they don't send me an enforceable CCA in the 6 years and I never contact them, the debt is written off?!?:-?

As for ERNIE, it's a great idea as I've been wondering how to invest in some premium bonds!

AnimalMagic, thanks for the prompt response. Could you elaborate more on what you mean by "I believe that payment is only acknowledging for the purpose of statute of limitations"? As for accumulating the capital to pay back in my own time, that is a good idea.

Perterbard & Muffintop, I see you're currently online......could you please give me your take on this? Thx!

I've requested a CCA from one of my credit card creditors and received only an application form with a signature. This is not a credit agreement and therefore unenforceable. As silly as this question might seem, does that mean if I continue to make payments to clear the balance, I'm acknowledging the debt and the CCA non-compliance letter is 'void'? Also I've had a refund of charges on this account . Doesn't this count as an acknowledgement of the debt as well?!? The account is now with a debt collection agency. Any input will be appreciated.

If they've requested the written authority of all parties, why not give it to them?.......can't u contact the other 3rd parties?

I agree.

Interesting!

LOTM, I agree with you. Is anyone up to compiling a step-by-step brief?