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offering full and final and cca


morgan78
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hiya been reading for a while now just after some advice on what to do next.

 

on a dmp for just over a year have total of 30k worth of debt,

 

2 with BCW DCA

1 with CL finance DCA

1 with Mint

1 With Tesco CC

1 with Cahoot

1 With Capital One

 

I have read about CCA requests and i understand that obviously the ones that havent been defaulted wii surely have the agreement, so am i right in thinking not worth cca them, also if i cca the DCA and they do find the agreement are they suddenly want to take me to court because i have rocked the boat.

 

See my parents have offered to loan me £12000 to try and make full and final so is it worth just offereing the creditors a full final and not bother with the cca request

 

Advice welcomed please

 

Thanks in advance

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Guest forgottenone

Morgan's a popular username round here lately ... :)

 

I have read about CCA requests and i understand that obviously the ones that havent been defaulted wii surely have the agreement,
How do you come to that conclusion, then? And in what way do you mean 'defaulted? ... as far as I am aware you can CCA anyone at any point, it's your legal right to obtain a true copy of your CCA.

 

The reason you ask for your CCA is to see if they can legally pursue you for the debt. But, if your parents are willing to loan you to go for full and final settlement ... someone else here will assist with that.

Edited by forgottenone
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I just thought that as i signed upto Capital one, mint, Cahoot and tesco that they would have the agreement, but there would be more chance of BCW and CL finance not having the aggreement because when the banks defaulted those loans it was passed onto those DCA maybe i was wrong.

 

If i do request them though and they have them im worried that they think im rocking the boat

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Guest forgottenone

Well, whatever a debtor does ... there is never any certainty. As to rocking the boat. You are legally entitled to see your credit agreement, at any point whether in default or before it reach that point. You can still CCA the DCAs following any defaults entered. It won't remove the default, obviously, but ... I think the best thing to do is eg Capital One would be the credit card? Yes? If some of your debts are with banks ... it would change them having a CCA ... but if they are loans there would be an agreement.

 

There is a template letter here for requesting a CCA ... costs £1 ... by postal order, as it's always better not to send them a cheque as it would bare your signature ... do not sign the letter. Send recorded delivery.

 

I'll let someone else explain why CCAing them could turn out to your advantage as it's very hot here, so my mind isn't on what I am typing. Apologies if I sounded 'flippant' before. It's the heat.

 

But, if you CCA the DCA's ... as some of your debts are now with them ... it may mean they do not have an enforceable agreement. Requesting your CCA isn't going to rock any boats ... it's what you choose to do with what they provide next that may ... if you do/did decide to CCA them, scan what they provide, then let others on CAG see if they are enforceable.

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cheers for that appreciate it, i think ill just cca all of them see what happens, when i get some responses ill let you know.

 

Know what you mean about the sun its a hot one today

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Hi,

 

You could also SAR them all, If they manage to comply with your CCA request, claim back any charges, thus reducing the debt.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Guest forgottenone

Erm, wouldn't they be on your statements? Letters from your creditors?

 

I can provide the Capital One address for you straight off. Will be back in a second.

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Hi,

 

You'll get them all on your credit report, or have a good scout about this site, they'll be somewhere.

 

I'll have a look.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Guest forgottenone

Well, here's the Capone *non PO Box; where things go missing address* address for one of your CCA's.

 

CAPITAL ONE BANK (EUROPE) PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

Oh, on second thoughts ... is the debt still with Capone themselves or been passed to either Debitas or an external DCA? Sorry, just realized.

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Just a couple of questions now the cca requests on typed.

What happens if the companies cant obtain one do they just write debt off,

 

And if they cant obtain one or go over the time limits do I inform CCCS to stop paying them and how would CCCS take this

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Hi.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

 

Regards.

 

Scott.

Edited by maroondevo52
Removed sentence
  • Haha 2
 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thanks scott for your detailed response very helpful, as i said my parents have offered me about 10k which represents 30% of the overall debt so hopefully after this excersie, I can send the offers out and they will be more willing to accept

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Hi, Morgan.

 

The template letters are here...........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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ok sent all letters off on 29th July

first one came back Apex (formerly BCW)

 

Please forward all fees and requests for copy agreements direct to Royal bank of Scotland

 

Now this debt was one of my wifes overdraft from Natwest, so do i send the same letter to the address provided now

 

Cheers

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Guest forgottenone

Well, walked straight into that one didn't I. :rolleyes:

Edited by forgottenone
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Now this debt was one of my wifes overdraft from NatWest, so do i send the same letter to the address provided now

 

Cheers

 

 

CCA requests don't quite work the same with overdrafts. Were there any charges on this account? If so it would be worth sending a S.A.R. You could then negotiate your f & f on the outstanding balance once charges are deducted.

 

On the plus side, Apex / BCW are obviously only collecting on behalf of the bank so you can cut them out of the picture.

 

I would be inclined to continue with the payment arrangement you have in place until you are ready to negotiate a settlement offer.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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we already have a claim in place for the charges which is obviously on stay due to court case so is it worth sending the sar request still.

 

Also just received letter from CL Finance saying they have received our letter and are requesting info required

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we already have a claim in place for the charges which is obviously on stay due to court case so is it worth sending the S.A.R - (Subject Access Request) request still.

 

Also just received letter from CL Finance saying they have received our letter and are requesting info required

 

If you have already submitted your claim then you do not need to re-send for statements. Do the charges outway the outstanding balance or will there be much left?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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hello Morgan78 and everyone

 

i have to say you asked a good question something ive been mulling over for a few weeks and now reading this thread and the answer that maroondevo52 gave in post 15. excellent.

 

the penny has now dropped for me, as im doing my own dmp, CL Finance been given my debenhams debt and im paying them

 

all my other creditors have accepted my payment plan some with interest some without for 6 to 12 months.

 

I am now planning to

 

1.obtain the cca on all (they are all credit cards and store cards)

2. have the majority of the statements if not after checking will sar each appropiate company

3. requst refund of charges if i get back can go against the debt

 

if i dont get the cca back will need to report them to the authorities

 

if i do get the cca then i know they can enforce the debt more seriously if i default on the monthly agreed payment

 

However, i guess then at this point i can offer each of the creditors a full and final settlement, each with a pro rata amount so each company get a fair amount of the share of the money i hope to have from a relative to clear all the debts. Sure ive seen a letter offering this and also to always await a written confirmation that if they accept the offer they also write on my credit files as Satisfied.

 

So i hope ive now understood this more clearly.

 

The only thing i can now think of going wrong what happens if say a few of the creditors dont accept the full and final settlement figure i give them and say a few do?

Should i just pay the ones that do only ? Then do i carry on with the ones that dont again the query is of those remaining if they have enforceable agreements again to ensure i dont default otherwise may be taken to court .

 

anyway thanks to all the posters on this you have all made me think about this situation in a different light.

 

you wonderful people who have the knowledge thank you - to people like us who are still learning you make it all sound so simple and give us confidence

 

any help offered i will alway gladly accept,

 

goodluck morgan75 hope it all goes well for you

 

Ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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