A few questions before pushing the big red "CCA default" button

[bank_robber]

Hi everyone.

 

As some of you know, I have my CCA requests underway. Now it's all good but I am interested in knowing what the risks are. Obviously, it's never risk free. So my questions are these:

 

1. If they cannot provide a CCA, what are the chances of going to court ? I think I remember reading someone did end up going to court but came to an amicable arrangement.

 

2. If it does get to court, I understand costs can be awarded to the other side, if they win. How much can they reasonably request.

 

3. If it does get to court (and somehow they win) can they go for an order of attachment, or destroy my credit rating (even further )

 

Lastly, if they do find the CCA, can you just re commence payments as if nothing happened ?

 

PPS What percentage of peeps have won when no CCA was found, anyone know ?

[42man]

Answers 1 - Some will take you to court some won't however, if they do go to court, most will hope that you curl up and do nothing, and that they will win a court case by default !!!...If they can't produce a valid CCA (WITH the prescribed terms and conditions) then the debt is unenforceable.....(but some DCA's will hope you don't know that)...

 

2 - They will get the costs of their solicitor which can be between £100 - £200 per hour

 

3 - they can secure debts by putting a 'charge' on your home....an attachment of earnings can also happen, but only if you keep missing payments after a CCJ is awarded.....

 

4 - It depends what the DCA are like, some will find the CCA and in the same letter say 'WE WANT PAYMENT IN FULL' (whether the CCA has the correct prescribed terms or not !!)

 

Not sure about the CCA cases but check out the legal successes...

[seabro]

bank_robber,

 

I have never had anyone try to take me to court after I have told them I will not be paying due to missing CCA.

 

However, if they did and I ignored the letters and did nothing, they would win by default and all of the methods of collection then become possible (charge on house, attachment of earnings, bailiff and so on).

 

On the other hand, if I stay with the plan and submit a defence that the creditor has not complied with my s78 request for example, then I will win - everytime.

 

If the creditor does not have an agreement, you will win. 100% of the time.

[poker_mad]

If you stop paying after they fail to supply a CCA and they default you then your credit rating goes out the window until/if you can get it removed.

[seabro]

If you stop paying after they fail to supply a CCA and they default you then your credit rating goes out the window until/if you can get it removed.

 

although them defaulting you whilst they are in default of their obligations would be completely unlawful.

[bank_robber]

Ok I have been naughty. I rang up Co op re: NR Credit card. The woman on the phone didn't have my letter but she said she would look into it for me. She has just come back and told me that the information has been destroyed. Her exact words were "Anything over 6 years is automatically destroyed!" :o:D

 

Now this puts me in a predicament for two reasons:

 

Firstly, unless she was lying, they wont ever be able to produce a copy of the contract. So we know we can move forward.

 

However I really could do without having a CCJ or default registered against me. How/Is it possibe to do this without getting a default ?

 

Cheers

 

Bank Robber.

[The Lantana]

Greetings Bank Robber

 

It's not easy to avoid a default on your credit file if you don't maintain regular payments - infact I don'y know how you'd do it.

 

What we can help you with, is if they take you to court. Let's cross that bridge when we come to it!

 

Regards

 

Lantana

[2008smiles]

If you don't break any alleged agreement ie. by not making monthly payments, they cannot put anything adverse on your credit file. Although if they don't produce a valid Credit Agreement after you've cca'd then you don't need to make payments and if you keep making payments you need not have requested a cca.

The choice is yours!

 

Good luck whatever you decide.

[bank_robber]

What I am thinking is this.

 

I have a lump sum hopefully coming to me that represents a good chunk of the debt. If they were to take say 40% in Full and final settlement, then I would be happy to do this.

 

Is it an interesting question, but to offer F&F would mean that I admit the debt so to speak.

[The GodMother]

Do u have any proff od the telephone convo?

[bank_robber]

I don't have any proof, other than it is now coming up for a month since I sent my CCA request, well 3 weeks.

 

I guess I shall let them commit an offence, and then tell them that I intend to cancel my DD as they have provided no proof of any agreement.

[The GodMother]

bad luck as that would have been wonderful court evidence.

 

just cancell it now and write to them as they have 12 working days from recipt and then a further 30 calendar days.

 

After 12 days the payment can be cancelled if u so wish.

[embarrassed_fool]

bad luck as that would have been wonderful court evidence.

 

just cancell it now and write to them as they have 12 working days from recipt and then a further 30 calendar days.

 

After 12 days the payment can be cancelled if u so wish.

 

Is that 12/30 days 'working days' or does it include weekends etc ?

[The GodMother]

12 Working days the 30 normal/calendar days so the 30 days includes w/e

 

Working days are monday to friday only.

 

so it goes like this Monday - recieved.

tuesday- day 1

wednesday- day 2

thursday days 3

 

ETC