No CCA - whats the likely outcome?

[gonnagetthemback]

hello,

I have been chasing CCA's from various companies. But I am wondering what the real outcome could be if they are unable to provide a valid CCA? I know that BLS (Lloyds) have a bad record for providing this data and so far they are unable to supply me with one. I have written to them, but I'm scared to stop the payments as I may via the CCCS.

Has anyone stopped payments? What happens? What is likely outcome if they are unable to provide a valid CCA? Is anyone with the CCCS and asked the CCCS to stop making payments to a particular creditor because of this? Don't know if the CCCS will play ball on this???

Any help would be appreciated, many thanks, Sunita

[42man]

If they cannot come up with a CCA then all it means is that the debt is legally UNENFORCEABLE....if they don't then please report them to TS, OFT, FOS....There are quite a number of people on here who have stopped paying after the time limits....it is up to you whether you continue to pay them...IF you do receive a CCA bear in mind it has to be properly executed and have the correct and prescribed terms on it....if they do send your CCA then cross off the personal data and post it on here for the experts to see if it is a properly executed agreement....

[gonnagetthemback]

Is anyone with the CCCS? will they allow you to stop payments if no CCA is presented?

[Pinky69]

CCCS don't like anything that gives one creditor any advantage over another but once you agree a budget plan with them, they are far too controlling in my opinion. I cancelled my plan with them in November because their adminstration had become a shambles. In addition debts are sold on to agencies and you have no proof that these agencies have any right to ask you for money. CCS gives you short-term breathing space but in my view is no use as a long-term solution. I have sent to 7 creditors asking for CCAs and the first 2 will be in default tomorrow. I have chosen this as an alternative to being in debt for years to come.

[N.P]

Hi there gonnagetthemback,

 

I am currently i dispute with Lloyds TSB Mastercard, although the morons don`t seem to have clicked onto that fact yet.

 

I CCA`s the imbeciles a couple of months or so ago and they are still trying to take money from my Lloyds current account, still adding charges and still adding interest and still demanding payment each month, even though I stopped payments as soon as the deadlines passed. They are now in Criminal Offence, not that anyone really cares about that, but after all this they have totally ignored my CCA request and not showed up with anything.

 

They even used the £1 CCA request fee to pay towards the Card debt. They must be some of stupidist people around, as I actually went into the bank with a letter addressed to Lloyds Collections, which had payment enclosed on the envelope which was signed for in branch and they STILL haven`t seem to have clicked.

 

If you have CCA`d them, and the deadlines have expired you are well within your rights to cancel any payments untill they show up with the required documents.

 

My Credit Card has charges and PPI added, so if they decide to show up with a legit CCA, I will depend on amount includes unlawfull charges and mis-sold PPI.

 

Let us know how you get on.

 

Regards

 

 

N.P

[gonnagetthemback]

hi, I called BLS Collections the other day to inform that I was going to stop payments and the guy on the phone was really stroppy, saying I had spent the money and so had to pay it! I didn't give a damn that I had requested the CCA twice in Sept and Oct, actually he denied that they'd received any letters from me! They will get their Dec and Jan payments, but I really want to step up a gear with this lot. I really fear that CCCS won't play ball.

Any advise?

[Lula]

Did you sent the CCA request and letter and £1 via recorded delivery? if not , send it all one last time, DO NOT SIGN THE LETTER and send it with a postal order, so that they cannot say that they have never received them. if oyu already have done this and have the proof then there is no onus on you to continue to pay them.

[42man]

Please report them to their local trading standards and the OFT....basically they have been collecting on a debt they are not legally able to enforce.....(thus the reason why they are getting stroppy as you now know your rights....!!!) After reading about the CCCS in the Daily Mail a few days ago....it seems they aren't really on your side...!!!

[ncf355]

GGTB -

 

I have had all this with Lloyds Mastercard

 

They have failed to supply the CCA, I stopped paying inOctober, had one letter from BLS and wrote to them stating they had no right to collect payments due to the CCA issue

 

Pt in the letter if they wanted payment they would have to start legal action as I had no intention of paying them or LLoyds a bean

 

Havent heard a thing since November, if I do it gets filed in the circular filing cabinet

 

CCCS are all very well, but its your money and LLoyds are NOT entitled to it if they cant provide the CCA

[gonnagetthemback]

Thanks for your replies. I am gonna take Lula's advise and re-send the letters recorded delivery tomorrow. I have stated that the last payment will be Jan (as already payed CCCS for 25 Jan payment). I wish this debt would go away, it's never ending!

Don't know what to do about CCCS, all the feedback on these forums say they need a letter from a solicitor supporting me, so trying to get this now without paying for it!!! Anyone got any advise on how to get a legal letter?

Thanks!

[tifo]

CCCS may not be as independent as they state, there was a story here recently which has suddenly disappeared, wonder why?

 

http://www.thisismoney.co.uk/credit-and-loans/debt-news/article.html?in_article_id=428672&in_page_id=62&ct=5

 

This article mentions the above link but as i said, it's gone.

 

Is CCCS UK Giving Best Advice to Consumers or Acting as a Debt Collector?

[ThisVeryMoment]

You will still owe the money so you still need to pay.

 

That is the correct thing to do and will improve your credit rating.

[wee_student_saver]

What do courts think of people who pay towards a debt they don't acknowledge?

 

Say for instance you CCA the creditor and they decide to apply the enclosed cheque/PO towards the debt.

 

Or, they fail to comply and you continue to pay the debt off, £1 a month.

 

Is this counted as accepting liability? Has or would a court take this as acknowledging the debt and ignore the lack of a proper credit agreement?

[Lula]

I "Think" that the standard line is that whilst you may have acknowledged the debt, the court is unable to enforce it, so you pay or you dont pay

[wee_student_saver]

Makes sense, I just wasn't sure if paying towards the debt was similar to a verbal agreement, i.e. it may not be written on paper but can still be enforced.

 

Of course as you can probably tell, I don't have a great understanding of consumer law!