CAB template letter and the arising confusion

[aldezine]

I went to see my local CAB in November about my debts and they gave me the following template to send out to my creditors:

 

--------------------

 

Initial Holding Letter

 

Re:

Account Number:

 

 

I am currently experiencing financial difficulties. I have visited the Citizens Advice Bureau and taken advice about my debts. I would be grateful if you would provide me with the following details.

 

 

1. Nature of the Agreement
   
2. Balance Owed
   
3. Terms of Repayment
   
4. Arrears
   
5. If interest is accruing and at what rate
   
6. Account Reference if different from above
   
7. Copy of the Agreement (this is important)
   

 

Once all my creditors have replied to my letters I will contact you again with my proposals. I would ask you that no further action is taken in this matter and that you stop any further interest accruing on my account.

 

 

Yours faithfully

 

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They CAB said that when I had all the information requested in the template letter they could deal with my creditors and not before. I sent out the letter to all concerned and none of them have yet supplied me with a Copy of the Agreement they have just passed the debts on to DCAs. I have since used the template letter on CAG requesting the agreement under the CCA and sent it to one of the DCAs who have written back saying that they have now put my account on hold until they have the agreement. It obviously does hold a great deal of weight as there were no threats in their reply.

 

I spoke to the CAB this morning to let them know that Im still waiting for copies of various credit agreements and they now say that the copy of the original agreement (part 7 in their template) is not important when it quite clearly states in their template above "7. Copy of the Agreement (this is important)". The CAB now say that all I need from the creditors is a statement quoting the amount owed and interest accruing. I take it they are unwittingly wrong

 

I cant remember the terms I agreed to with the various loans and credit cards or if I even signed any agreements (in some cases I think not) most of the accounts are under 5 years old i think but would know exactly how old if I had the original agreements.

 

Should I ignore the CAB to a certain extent? They have booked me in to see a "Money Adviser" in 3 weeks. They say ALL I will need to bring the "statements" from the creditors and wage slips.

 

Cheers, Al

[The GodMother]

it is up to you.

 

I would try and hadle it yourself threw us until you have all the details then if you want to approch the CAB.

 

If you want to go to the appointment then just take what you have if anything. Or just tell them you have not heard back from the companys in reply to your letter.

 

You call really you can ring up today and cancel the appointment.

 

Chrissi

[aldezine]

Im going to use the CAG template for all the DCAs today so they will have 3 weeks to reply. The DCA that Ive already used it on havent been in touch since early Jan when they acknowledged my request under the CCA. If they dont supply me with any agreements should I still make an offertory payment to them when the CAB does my financial statement?

 

Does anyone have experience as to how the CAB have handled things for them? Are they very proactive or are they reluctant to get involved in any sort of battle with DCAs?

[tomterm8]

i think a copy of the agreement is important, since it shows the terms under which you are liable for the debt.

[honey5]

IMHO id be waiting to see if they are able to produce the agreements

honey x

[The GodMother]

Tom thats is what l thought.

 

No CCA no Debt i aslo thought.

 

Chrissi

[aldezine]

So they cant take me court for the debt without a signed copy of the agreement? No CCJ = no baillifs right?

[tomterm8]

In most circumstances no written agreement = no CCJ.

 

This is not the case with, for example, overdrafts, loans to fund burying dead people (yeah, odd ) and small agreements. also agreements made after april 2007.

[aldezine]

The copy they supply me must be signed by myself to be legal right?

[tomterm8]

The copy they supply me must be signed by myself to be legal right?

 

To comply with s77-79, they can send you a copy without your signature... to enforce the agreement, they need one with.

[aldezine]

So I wont really know what Ive signed (if anything) until they take me to court?

[tomterm8]

That's how it often is, yep. Although, in practice, the fact so many people take the bet and win means I haven't seen them bother with that ploy for some time. if they have an enforceable agreement, why wouldn't they show it to you?

[aldezine]

Sounds good thanks everyone for your replies you all deserve medals for what you guys do on here!!