dmp and cca requests

[tryintogetby]

i am new so please bear with me ,a bit of me ,i run a small business ,have a large business overdraft (not a ltd co just a sole trader) ran into problems beginning of the year and contacted national debtline ,they put me in touch with cccs who have put me and hubby on a dmp and advised i change bank accounts etc which i have done ,i pay my overdraft to my bus account seperate although juts startint to have problems with this as they are no longer willing to accept my payment and are threatening a charging order ,i have 9 creditors all currently accepting payments except one which has been passed to 1st credit ,i have sent them a cca and they have said they have requested it from my oc which is citi cards ,that was 13th sept and i no longer recieve any phonecalls from them so not sure what is happening there! What i would like to knoe os whether i should cca my other creditors or will it upset them when at the moment things are quiet ,just wandered if they areso quiet because they have no enforcable agreement ,also does anyone knoe how i stand with my overdraft with it being a business one ,business debtline said to treat as a secondary debt as i no longer bank with them ,help would be appreciated thanks !!

[MARTIN3030]

Moved from Bear Garden to here.

[geministar2007]

I know what you mean about CCA'ing your creditors, i am in a similar situation, i have various creditors, i'm on a dmp and the majority of them are happy. However i have slowly started to CCA them, one was with Great Universal who have cleared the £800 i owe due to not having an enforceable agreement, the next was a silly samedaycash loan for £150 i took out which was transfered to a DCA called Credit Resource Solutions, now owing £300+, once i told them the debt was in dispute with the original company regarding my credit agreement, all went quiet, no texts etc.

 

So i suppose what i am saying is go for it, maybe just do one at a time, so if for some reason they did get funny (even though they really have no reason to this is a legal obligation they have to carry out) you will be able to deal with it far easier. Can be pretty time consuming if you are working and having to write to separate creditors. Just take your time and try not to worry!

 

In relation to your business account, i'm not sure, so i will leave that for someone who perhaps knows a little more......

 

All the best

 

[tryintogetby]

hi many thanks for your reply ,thts what i was thinking ,maybe starting with the ones i owe least to first ,you say great universal cleared the £800 if they have no agreement or no enforcable agreement how do you get them to do this ? i have been reading loads of forums and notice at the bottom of everyones posts they have things that say how much they have claimed or what has been cleared etc what does this mean ,bit confused with it ,it woud be nice if i could reduce my debt somehow!!! thanks in advance.

[tryintogetby]

Oh i am sorry,also do you think it willbe ok with cccs if i cca them ,they advised me to cca 1st credit as they sent me a statuary demand ,but havent mentioned any of the others ,thanks again !

[geministar2007]

Yes cccs would not mind, payplan were fine with me. You are entitled to make this request.

 

Starting with who you owe least to may be a good way to start, entirely up to you.

 

I knew Great universal did not have an agreement for me as i applied for catalogue online and they sent me the catalogue with a spending limit and asked me to return my signed credit agreement, i didn't it's still in my diary.

 

Search credit agreements on here you will find letter templates in the templates section i think its under section N. The creditors have a certain amount of time to respond to your request if they do not or cannot provide you with this document then the debt becomes unenforceable.

 

[tryintogetby]

so did you just stop paying them or did they just cler your balance ,reason i ask is i have an account with additions,they are part of the littlewoods group i think ,and i didnt sign an agreement with them i just ordered some items online and they sent me them along with a cat and that was that but the balance gets interest on and never goes down ,many thanks

[geministar2007]

I fell behind with payments. I then decided to CCA them, i was not paying them anything while i was awaiting there response. When they decided the debt was unenforceable they stated they would not be requesting further payment for my account. I have however received a default notice from them, which in relation to the unenforceable agreement is not allowed, so i will be requesting they remove this default when i get the chance.

 

I would defo CCA Additions ASAP!

 

Anyone got a CCA request letter template link for tryintogetby???

[fedup74]

Dear Sir/Madam

Account no

With reference to the above agreement, I would be grateful if you could send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974(section 77-99) I am entitled to receive a copy of my credit agreement on request. I enclose payment of £1 which represents the fee payable under the Consumer Credit Act.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

I look forward to hearing from you

Yours sincerely

There you go Send it special delivery so you have proof. DON'T SIGN the letter, just type your name abd put a £1 postal order in, not a cheque. Good luck:)

[adrian007]

I'm interested, as I'm sending these letters off at the moment - I will have to resend one as I didn't send it recorded, but why no signature?

 

Cheers

 

Adrian

[fedup74]

Hi adrian. It's best not to give them a copy of your signature as "alledgedly" you can photobucket/cut paste your signature onto an agreement. As I say "alledgedly" this has been done in the past. Best not make it easy for them!!

[tryintogetby]

huge thanks ,i will send that off straight away ,fingers crossed i will have the same outcome ,do they have to tell you if they dont have a cca or can they just let you think that they are looking for it? Iknow for a fact thati never signed one for this account.

[fedup74]

They can do a few things. 1)Send a blank credit agreement which in no way pertains to you. 2)Send you a letter asking you to ask the original company for your agreement- as stated in your first post with 1st credit- load of tosh -if they are asking you for money they need to furnish you with an agreement 3)Tell you they are searching for it, in the meantime could you make payments to clear the debt- another load of tosh, once they default on your CCA request you don't have to pay. 4)Tell you that they can't find the agreement but you still owe them money and could you pay it off by yesterday!!! If they do find the agreement, (which you know they won't) if it is enforceable (BIG IF) then you would have to pay the money. You have nothing to lose. The only thing is an overdraft is not covered by the Consumer Credit Act so make your payment through CCCS. Good luck:)

[geministar2007]

I hope you get the outcome you desire. Let us know how you get on.

 

Lots of Love x

[tryintogetby]

hi i have had a letter today from shop direct financial services trading as additions in response to my cca request ,they state that they are unable to locate a copy but have sent me a current copy which applies to this type of account ,they state how much i owe what i have paid in the last 12 mths ,the arreas and that i opened the account on 3/7/2007 .they finish the letter off by asking me to confirm that liability for this debt is not disputed .

any advice where to go from here ,thanks in advance !

[fedup74]

Oh but it is disputed!!! They don't have a credit agreement and until they find it, they can't enforce it or force you to pay money on it. Have you had any charges on the account. This looks good to me:D

 

 

 

 

 

 

 

[tryintogetby]

Hi thanks ,i have had chrges ,a few £12 for late payments .doesit make a difference thatididnt open this account until 2007,do i writ to them and say that it is in dispute ,and any idea on a letter that i can send ,this is my smallest debt ,again many thanks everyone!

[fedup74]

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

 

 

 

There you go:)

[tryintogetby]

Hi thats great ,thankyou ,i will get this off to them and let you know how i get on ,would you send this recorded delivery ,thanks again

[fedup74]

Yes you have proof then why you think the account is in dispute, rather than just not paying. Good luck:)

Edited November 28, 2008 by fedup74
spelling

[tryintogetby]

hi ,i have sent that off to shop direct,then this afternoon the postman brought a tatement from them theyhave added this month £30 in charges £12 missed payment ,£12 debt collection letter and and interest they are listed on a notice of default sums ,can i ask for all the charges to date back ,what do you think? thanks sorry if i am a pain !

[tryintogetby]

Hi ,update on my situation with shop direct ,have today had a letter stating that they will not be persuing me for the£390 that i owe ,athough they say that it will remain unsatisfiedand will be registered with credit reference agencies for a period of six years ,can they do this ,many thanks

[noomill060]

Hi, You asked a question about CCAing BCard over your MS card.

 

Yes- go for it. Send it to Barclaycard at the Churchhill Place address.

 

I take it you know how to word it and that you should only send the £1 payment by postal order and by recorded delivery.

 

If not, just ask about wording. As long as you write Statutory request made pursuant to s.78(1) CCA1974 you should be ok.

 

Have you any charges on this card?

 

You can claim these back including all interest levied on them.

[tryintogetby]

Hi thanks ,yes there will have been lots of charges i think as we were stuggling for a while before going onto the dmp,just was funny that since barclaycard took over we havent heard a dickibird either by staement ,letter or telephone ,will cca themnd see what happens ,thanks

[tryintogetby]

Hi ,help needed again !,regarding the shop diect account i have in my earlier post ,they sent me a letter stating that they would no longer persue me for the balance althiough they stated that they would record details on credit reference agencies ,i have since recieved a default notice and have today recieved a statment saying that i am £110 in arrears ,not sure what i should do ,any help appreciated ,thankyou