CCA Help

[Foxknowe]

I have sent 10 requests all nearing the 12 working day limit, so far Capital One are the only one to reply and they only sent me a leaflet of their standard terms and conditions and to advise me I am in arrars and not paid!!

 

I have read through the other threads and there are some templates I have stumbled across (not sure of the codes).

 

Can somebody please provide me with the definate template we are using.

 

Also it seems that some of the letters are basicaly saying I will not pay any more, while others are advising I am entitled to my money back (if unenforceable).

 

What is the procedure I am a bit confussed.

[reallymadwoman]

In my opinion the time limits are to be ignored, especially as it is no longer an offence for the creditor not to supply the agreement when asked.

 

For Capital One, I would write back saying that what they have supplied is not a true copy of the agreement therefore you await a proper copy in due course.

 

For all of them, just sit back and wait. Once the 12 days are up, you can legitimately stop paying, but personally I wouldn't write to chase them up. They know the law and it's up to them to comply. They will of course eventually notice that you've stopped paying and write to you with the usual threats, and that is the time to remind them of their obligations.

 

The reason I say this is that if you write chasing them up it just gives them more incentive to have a good hunt around for your agreements sooner rather than later. If you need a 'payment holiday' whilst you get other things sorted out, then they're providing an ideal opportunity.

 

If any of the companies are eventually unable to provide a copy of your agreement, you are not obliged to pay any more to them and could, in theory at least, ask for anything you have paid to be returned. I don't personally know of anyone who has successfully done this though, and it's not something I would do.

 

No agreement or an unenforceable agreement does not make the debt go away, it just means that they can't take court action. If you do stop paying you do need to be aware that they will still keep updating your credit reference file which could have quite serious consequences if your file isn't already trashed.

[Foxknowe]

Thanks RMW, what confusses me is we have fellow members who seem to have challenged these lenders and recovered funds, how can this happen?

 

I actually stumpbed across the websire when doing some research on the validity of Cartel Review advertising that they could get my money back. I think the common though is they are a [problem], however, more and more of these companies are showing up......is there something in it???

[reallymadwoman]

Why pay them to do something which you can do yourself with the help of this forum?

 

Over getting your money back, I believe that it is called 'restitution' and that you would argue that you made payments in the mistaken belief that an enforceable agreement existed. It would almost certainly end up in court and you would need to be confident that you understood the issues involved to take it that far.

 

The reason I haven't even contemplated doing this myself is that, in most cases, I accept that I did borrow the money so whilst legally I might be entitled to get all my payments back, morally I just wouldn't do it.