Several different collection companies for each debt?

[Redletter]

Thank you tendogs that clarifies the situation somewhat!

 

So firstly we need to leave the DD in place? or do I get the g/f to ring and speak nicely to them and request a standing order be set up rather than a Direct Debit without giving a hint of our intentions.

OR do we cancel DD 1st?

[silverfox1961]

As far as I see it, the debt becomes Statute Barred when no payment or acknowledgement of debt has been made in a 6 year period (5 years in scotland)

[Redletter]

If so on what grounds?

I read a lot on here about the debt still existing despite no CCA so how can they leave a default on file without permission granted in said CCA???

[tendogs]

I would leave the DD now that it has been established, you can always stop it if/when you go into dispute.

 

My thinking here is that you might have no grounds to question the debt and the way it has been managed and you need to be seen as being reasonable if they do take this to court and you can demonstrate that this is all that can be afforded no judge is going to order that more is paid.

 

If, on the other hand you wish to contest the debt then you also need to be seen as being reasonable.

[postggj]

Its A Game Of Ping Pong

 

Some Are Removed No Problem

Others Take Months

 

You Just Have To Be A Pain In The Assand Quote And Keep Quoting Statute At Them

[Redletter]

Thanks tendogs.

 

Does the DCA have a right to add interest to an approx 1400 quid debt?

 

I am thinking in the 1st instance to to CCA the DCA and SAR the OC, well actually before that I should SAR all 3 CRA's right???

 

Thanks for replying btw!

[Redletter]

Thanks.

I have seen many letters posted on here from DCA's insisting that the application for credit is sufficient as it states that you should only sign if you want to be bound by the terms of the CCA1974.

 

So once you have requested the true copy of the correctly executed CCA and they come back with their BS - do you just repeat yourself ie refer last letter. Or do you ignore?

[postggj]

No Cca

No Debt

End Off

 

Account Still In Dispute

Dca, Bog Off

[Redletter]

Haha liking your style simplezzzzz!

[MARTIN3030]

You dont need to SAR the credit reference agencies.£2 will get you the report.Then you should check the dates of defaults and it will also give you the details of who you need to contact regarding the entries.

It doesnt follow automatically that the assignee will be the one responsible for the data-it could be the OP if thats what has been agreed.

I think you will get more of a jist of what should be happening and how it should have been done by reading through the ICO guidance issued 2007 on the process.

I will try and find the link for you.

[MARTIN3030]

Have a look here-I think its 7th link down.

 

Technical guidance notes - Information Commissioner's Office (ICO)

 

 

 

Filing defaults with credit reference agencies

[rory32]

If I ask them to freeze the interest do I get a default against me?

These days you shouldn't as companies are supposed to treat people struggling with their finances in a far more sympathetic way. Certainly if you can maintain minimum payments then they have no reason to default you.

 

If they don't freeze interest then you could look at a Debt Management Plan through a company like Payplan or CCCS (they don't charge you for this service) where they negotiate on your behalf to freeze interest. I don't know how eligable you will be for this as you can afford the monthly repayments - normally DMP's are for people who can't afford the minimum repayments.

 

Another alternative is to look at your budget, in terms of what you are spending your money on, and see if you can cut back on anything. It's also very useful to keep a record of everything you spend money on and use cash rather than cards. You can then do what is known as snowballing whereby you attack the card that you are paying the most interest on and pay as much money as can towards that. Once you have cleared that card you then move onto the next one with the highest interest but obviously you want to see if any of them are willing to freeze interest first.

[Redletter]

The following was posted by pt2537 in one of the forums but seems to contradict everyone elses advice to serve a CCA notice??

 

Any comments please-what does it mean??

..................

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

Why do I think section 77/78 Requests made under the Consumer Credit Act are pointless if you wish to challenge your credit agreement?

 

 

A request made pursuant to s77/78 CCA 1974 leaves the lender able to send you a document that is not an exact copy of the original agreement. Thus if the original agreement was defective the lender may hide such defects with a “True Copy”.

 

This means that while the lender may have complied with the legislation, you will not have your signed agreement or a copy anywhere near to it.

 

So what can you do to get the correct information that you need? Well, firstly, you need to write to the lender and ask for the agreement making sure that you make it clear you require a copy of the signed agreement in its original form and that the request you are making is NOT made under the Consumer Credit Act 1974.

 

As a consumer, you probably wont be aware but the Civil Procedure Rules part 31.16 allows you to seek disclosure of documents which support your case from their other side. The main parts to concentrate upon are CPR 31.16(3)©&(D), lets have a look at what this section allows us to do.

 

 

CPR 31.16 states Quote:

Disclosure before proceedings start

 

31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

(b) the applicant is also likely to be a party to those proceedings;

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

(ii) assist the dispute to be resolved without proceedings; or

(iii) save costs.

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

(ii) in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b) specify the time and place for disclosure and inspection.

Thus you can ask for the documents if you believe you have a case against a proposed defendant, for example, you believe the agreement may be improperly executed and that you may have a claim for a declaration pursuant to s142 (1) Consumer Credit Act 1974. Without the original agreement you would not be able to assess if it was indeed properly executed, how do you know if the agreement was in the prescribed form? Containing the prescribed terms? Was it a multiple agreement but failed to set its terms out correctly? Was there PPI, which was not incorporated correctly into the agreement?

There are many reasons why you would need this information and remember at the time you entered into the agreement you probably weren’t aware of your rights as a consumer so you wouldn’t have checked the agreement with a fine tooth comb nor does the law expect you to, the law required the lender to get it right, to put together an agreement as required by the CCA to ensure you were told the true costs of borrowing, how much you would have to repay, when how etc

 

Unless you have the original document you wont know if it was compliant with the legislation, so you need to ask for it!!

 

If the lender fails to supply it on request, then you should write to them setting out that you need the agreement to assess if it was properly executed. You should point out to them that…

1.By disclosing the original agreement It will allow anticipated proceedings to be fairly disposed of because a cards on the table approach will be taken by each party. Currently the proposed Defendants will have failed to do this and will have ignored your requests to do so.

2.Furthermore disclosure will assist the dispute to be resolved without proceedings being necessary because once disclosure is given each party can see the strengths of their respective cases and informed negotiations may then be undertaken with the aim being to agree settlement without the need for proceedings to be issued.

3.It will also save costs because full proceedings may not be necessary. You will not need to continue to write unnecessary letters reminding the proposed Defendant to disclose documents. Both parties can deal with the claim more quickly and economically.

You should also enclose a copy of your original request for the documents with the second letter, that way they cannot claim not to have received your requests. Send by special delivery so that you have proof of posting and receipt.

 

If the lender fails to comply with this request or blusters about not being obliged to supply the original agreement, simply send them a final letter stating that if no response to your reasonable requests containing a full copy of your signed contract in its full and original form is forthcoming from them by 4pm on a date seven days from the date of your letter, you will make an application to the court for an order , ordering disclosure and you will lay all the correspondence before the court to show you have been more than reasonable and have tried to resolve the issue without the need to involve the court

 

[Fred Bassett]

Thanks Fred I really appreciate your help I am new to all this. I am basically trying to deal with a number of alleged debts on behalf of the g/f!

They have all been as far as the DCA stage but thus far been ignored. The ones that lay dorment-should I let sleeping dogs lie or SAR them ALL?

 

That's a hard call really. Personally, I concentrated on the ones that were giving me grief and left the rest. It's £10 a throw for an SAR so if finances are tight you might want to spread it out a bit. It's not really a good idea to ignore anything though - at the very least you should keep in contact with your creditors. Just make sure you do it in writing only!

 

Regards.

 

Fred

[fuzzybobble]

Usually with Argos, they either cannot produce a CCA at all, and when they do manage to produce something, it's almost always an unenforceable application form that was faxed to head office, and the original shredded in the store a few weeks later.

 

But they will bounce it around every DCA going.

 

2 years on with mine and DCA number 7 sent me a threat-o-gram this morning.

 

 

Barclaycard - if you explain you're struggling, will usually lower the interest rate on your card and lower your monthly payments. This will free up cash to help pay off the ones you owe more on.

Barclaycard are also not likey to have an enforceable CCA either. ;-)

[JonCris]

be very careful about letting them obtain a CCJ as currently under CCA 2006, or if it's in your current T's&C's they can apply 'CCIJ' (contractual compound interest AFTER Judgment) which can mean the debt mushrooms from £100's into £1,000's withing a very short space of time.................... Oh & You have Broon & his mates to thank for that little nugget

 

They have emasculated the CCA (removal of sec127 being one glaring example) for the benefit of their city friends & because consumers were fighting back against them by simply using their legal rights............ & that would never do

Edited March 14, 2009 by JonCris

[Redletter]

be very careful about letting them obtain a CCJ as currently under CCA 2006, or if it's in your current T's&C's they can apply 'CCIJ' (contractual compound interest AFTER Judgment) which can mean the debt mushrooms from £100's into £1,000's withing a very short space of time.................... Oh & You have Broon & his mates to thank for that little nugget

 

They have emasculated the CCA (removal of sec127 being one glaring example) for the benefit of their city friends & because consumers were fighting back against them by simply using their legal rights............ & that would never do

 

Did the CCA 2006 come out in April as I have a Yorkshire Bank loan agreement before that from Jan 2006 which states that interest would be payable on overdue repayments both before and after any court judgements?????

[Redletter]

Thanks Silverfox

[JonCris]

In your case it doesn't matter because if it's in the T's & C's they can charge CI compounded after Judgment courtesy of First National v OFT

[Percival Wigglesbottom]

It's directly related to your last payment in terms of an offset , but I believe it is 21 days after the interest due becomes payable , ie a month after you last paid when your payment is due then 21 days on top when the cause of action is initiated . But usually , with the 2 dates being so close together , ie around 2 months then it can be ignored and the general assumption that it is your last payment can usually be used . For example , in my case , all my SB debts are from the mid 90's , so who cares about the 2 months either way . I guess it'll apply only when / if you get taken to court right on the edge of those 6 years .

 

It has to be dated from when you didn't pay rather than when you did . If you had a loan or credit card and didnt even make a single payment after receiving your card , you would never be statute barred .

[hackers2009]

Just don't give up.

 

Put everything in writing and when they fail to supply the CCA, issue a request for the removal of the data.

 

When they fail (which they will every time), issue a final letter stating your intent to commence legal action.

 

They won't believe you will go through with it.

 

Issue a County Court Claim. Will take a few more months but if they can't supply the documentation you requested your in an extremely good position to win.

[citizenB]

I think an agreement can be more than one page as long as it makes reference to the other pages and are numbered correctly. A lot of Credit card agreements are double sided for instance and the signature appears on the back.

 

HTH

[brindles]

Hi,

 

In my opinion, If you are just inquiring about your credit agreement then a cca request will be fine,

 

On the other hand, if you want to start court procedeings, or defend yourself in court and you have not recieved a legally enforceable copy of your agreement and no sign of one coming, it would be a good time to use CPR 31.16

 

This is just my opinion, I myself after sending a cca request and the company only supplies an excuse for a copy of the agreement, I tend to believe they have nothing better(they do not have your agrement) and procede to send a account in dispute template.

 

that said, pt2537 is a force to be reconed with and I fall down to my kness in repect to any advice he shares with us.lol.

 

Hope this is of help?

 

if not at least my reply has "bumped" your thread and a more expierinced member may respond.

 

good luck:)

[clemma]

There are loopholes in the CCA request that banks et al like to exploit (mainly being able to send agreements that omit info like your signature etc.) The letter pt has posted is to try and get them to send a SIGNED agreement only. The request you make using his letter is NOT pursuant to the Consumer Credit Act 1974 and is a request for exact information.

 

Sometimes it is advisable to use this route after non-compliance of a CCA request (as we all know banks etc. tend to argue that what they have sent meets the requirements (when they usually don't )). What excuse will they have for not complying with a DIRECT request for your signed copy?

 

Thats my two pennies worth anyway. pt2537 is a gem and the thread you are asking about is invaluable!!!

[brindles]

Hi clemma,

 

thanks for steping in, just trying to do my bit for those with 0 replies.