Just starting our - CCA requests help etc

[Basil Fawlty]

Hi just joined today, and would like some advice about CCA requests.

 

I'm completely new to this, and very overwhelmed! Please can someone point me in the right direction. I've been browsing quite a few threads but not sure where exactly to start.

 

Is there a thread that will show me what to do from day 1?

 

What is the very first thing to do, is it sending a letter requesting the CCA, and do I stop sending them any payments, or do I send them £1 every month instead? What exactly does the letter look like?

 

As you can see, I'm pretty confused at the moment, and any advice will be appreciated.

 

I will start a thread for each of the cards I will be taking on (there are about half a dozen), so hopefully my experiences can help others.

 

Thanks in advance.

BF

[IdaInFife]

Hi BF and welcome to cag.

 

You request a cc to ensure all the paper work is on order. You send £1 po with this and send recorded delivery. Do not sign it just print your name.

 

If the company fail to supply a enforceable cca or none at all then you are within your rights to withold any payment until they do so.

 

the letter you need to send is:

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

ida x

[Guest wino]

Hi BF

On the start page is a section called WELCOME TO THE CONSUMER FORUMS click on that

There are sticky posts there that explain how to use the site. If you get stuck just shout and someone will point you in the right direction.

[Basil Fawlty]

Thanks Ida and Wino, that gives me a start. That letter will be in the post tomorrow

 

One question before I start. When I follow this through, what is the worst that can happen at the bitter end? If they take me to court, and the judge rules in their favour, what happens? Would I have the chance to take out a payment plan such as a DMP? Would I have CCJs? Could I be made bankrupt?

 

All my debts are unsecured credit cards. I have a mortgage, but no problems paying this. (mortgage is in joint names with wife)

 

Tks again.

[Basil Fawlty]

Is there a thread on here (cant find anything) that show the addresses of the credit card companies to send the request CCA letter to, or do we send them to the postal addresses shown on the back of the credit card bills, eg.,

Capital One Bank, PO box 1000,Camberley, GU15 32Q.

 

I have others to send such as: Barclaycard and MBNA.

 

Thanks in advance

 

BF

[supasnooper]

I would advise that any official request for documents (Consumer Credit Agreement, Subject Access Request, etc.) are sent to the Registered Office of the creditor.

 

This can normally be found on the creditors documentation.

 

The reason I advise this as I read of a member lost a court case against Barclays due to sending documentation to an incorrect address.

[cerberusalert]

See; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks-j.html

[Basil Fawlty]

Thats excellent! Thank you both for the quick replies!

I thought there might be something already on here, but I obviously need to practice my search technique!

 

Cheers

BF

[supasnooper]

Please note that some of the addresses posted in the link supplied by cerberusalert may have changed as the thread was produced in 2006.

[Basil Fawlty]

Good Afternoon!

 

About 4 weeks ago, I sent the standard CCA request letter from this forum to Barclaycard (more than one card), MBNA (more than one card), and Capital One.

So far I've received nothing from MBNA or Capital One and only Terms and Conditions from the Barclaycard cards, except for one Barclaycard which was a Goldfish card, where I havent received anything.

 

Is it likely that none of them have the CCA, or are they just being obtuse, and what should my next step be now?

 

Also, should I start seperate threads for each and every card, ready for the upcoming battle?

 

Many thanks

Basil

[sam614]

if they have had 12+2

 

send template 20

 

click on blue DCA link

 

account indispute

 

good luck,you would be best to start a sep thread for each

crap one are not very good on retaining cca

really depends on age of debt.

 

SAM:pLOWELL DETESTER

[Basil Fawlty]

Thanks Sam, will send that one.

 

Most of the cards go way back, in fact two of the barclaycard terms and conditions they sent had 1992 and 1993 stamped on the back.

 

BF

[sam614]

older the better to have been misplaced;)

SAM:pLOWELL DETESTER

[Basil Fawlty]

As we all probably have heard in the news, there is likely to be strike action by the Royal Mail, in the lead up to Christmas.

Does anyone know of a reliable private postal service we can use that provides a registered and special delivery service, to use in place of RM?

 

Also, how would we stand legally if the CC companies and DCA's carry on using the Royal Mail, and we dont receive their letters. What would happen if we didnt receive default notices, and worst of all court papers? Could we have a CCJ against us without even having the chance to defend?

 

Thanks

 

BF

[postggj]

The Likes Of City Link

Dhl

 

Still Pay ThrOUGH The Nose Though

 

Its Ok People Saying They Will Go To Another Carrier To Deliever The Mail

 

Royal Mail Deliever The Likes Of Tnt, Uk Mail, Etc Etc

 

Even If There Was No Strike

 

Royal Mail Neither Has The Staff Or Vehicles.

 

Last Year Royal Mail Had About 180 Thousend Staff, Every Christmas Thousends Of Casuals Help Out (thieving Sods)

 

This Year Royal Mail Has About 130 Thousend Staff,

Thats 50 Thousend Less

 

Do The Maths

[Basil Fawlty]

Can someone please clear this question up for me, as I've seen and heard differing views.

Is it possible for a company to order a sale from a charging order, if the debt is in only one persons name, but the house is jointly owned?

 

I have just googled it and come up with this explanation, but have also heard that it can be done.

 

QUOTE

 

Can the creditor sell my home?

 

It is very rare for the court to allow a creditor who has a charging order absolute to sell your home. Most creditors are prepared to wait for you to sell your home at some point in the future and to be paid out of the proceeds of the sale. If a creditor is not prepared to wait then they can apply to the court for a hearing. It is up to the court to decide whether to make an order for sale.

The court will take into account the factors outlined in the section How can I stop a charging order and in particular:

 

• Whether a sale would raise enough money to pay off the charge as well as your mortgage
  
• Whether the court can legally order a sale. This is only possible if the debt is in your sole name and you are the sole owner of your house, or the debt is in joint names with the person who is the joint owner of your house.
  

If you own your home in joint names but the debt is in your name only the creditor cannot apply for an order for sale. Very rarely the creditor may use other procedures to try to force a sale. You can still make an offer of payment at the this stage and ask the court not to order a sale as long as you keep up with the payments. You can ask the court to adjourn the order for sale proceedings or suspend the order.

 

 

UNQUOTE

 

 

Charging orders in the County Court

 

It mentions that other procedures can be used to force a sale but very rarely. Does anyone know what these might be?

 

BF

[cerberusalert]

If you own your home in joint names but the debt is in your name only the creditor cannot apply for an order for sale

That sentence says it all really.

It mentions that other procedures can be used to force a sale but very rarely. Does anyone know what these might be?

Bankruptcy

[the_shadow]

Have a look at this brilliant thread by Sequenci

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

S.

[Basil Fawlty]

Thanks cerberusalert, so that is official then.

 

Would bankruptcy over credit card debts happen very often?

 

One final question, would it be a good idea for someone with debts in their name, to sign the ownership of a house completely over to their partner, before any court proceedings have happened, and would this stop any risk of repossession?

 

Tks

 

BF

[Basil Fawlty]

Have a look at this brilliant thread by Sequenci

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

S.

 

 

Thanks shadow, will read it now.

 

BF

[the_shadow]

Thanks cerberusalert, so that is official then.

 

Would bankruptcy over credit card debts happen very often?

 

One final question, would it be a good idea for someone with debts in their name, to sign the ownership of a house completely over to their partner, before any court proceedings have happened, and would this stop any risk of repossession?

Tks

 

BF

 

There are two dangers with this,

 

a) and I apologise for this but it needs to be stated....is that the relationship breaks down and you find the one partner has no legal standing over the property.

 

b) there is a period of time where a creditor can apply for the reversal of the ownership back to how it was previous if they can convince a judge that it was just to negate any liability.. I've read both 2 years and 6 years.. I'm not sure if they are both correct depending on the type of enforcement being asked for (bankruptcy/normal court etc) or both wrong.. sorry.

 

S.

[Basil Fawlty]

There are two dangers with this,

 

a) and I apologise for this but it needs to be stated....is that the relationship breaks down and you find the one partner has no legal standing over the property.

 

b) there is a period of time where a creditor can apply for the reversal of the ownership back to how it was previous if they can convince a judge that it was just to negate any liability.. I've read both 2 years and 6 years.. I'm not sure if they are both correct depending on the type of enforcement being asked for (bankruptcy/normal court etc) or both wrong.. sorry.

 

S.

 

Thanks again shadow.

a) I wouldnt be too worried about - over a quarter of a century married and still going strong

 

b) thats the sort of thing I was more worried about.

 

cheers

 

BF

[the_shadow]

Thanks again shadow.

a) I wouldnt be too worried about - over a quarter of a century married and still going strong

 

b) thats the sort of thing I was more worried about.

 

cheers

 

BF

 

I'm trying to find the details now but not having luck Cant even remember what the blinking correct term is [i hate having a rubbish memory]

 

S.

[Basil Fawlty]

Now I've just found this from national debtline, which completely contradicts my original post!

 

QUOTE

 

The court can order a sale where:

 

• the debt is in your sole name and you are the sole owner; or
  
• the debt is in both names of the joint owners of the house;
  
• if the debt is in your sole name and the house is in joint names, the creditor gets an‘interest’ in the house once the charging order is made final. This means the creditor can apply to the court for an order for sale to realise their ‘interest’ in your house. All joint owners (or a married person who is not a joint owner but has an ‘interest’ in the property) should be part of the court proceedings so they can explain their case to the court as well. They should be sent notice of the hearing and be allowed to attend.
  

UNQUOTE

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[the_shadow]

Now I've just found this from national debtline, which completely contradicts my original post!

 

QUOTE

 

The court can order a sale where:

 

• the debt is in your sole name and you are the sole owner; or
  
• the debt is in both names of the joint owners of the house;
  
• if the debt is in your sole name and the house is in joint names, the creditor gets an‘interest’ in the house once the charging order is made final. This means the creditor can apply to the court for an order for sale to realise their ‘interest’ in your house. All joint owners (or a married person who is not a joint owner but has an ‘interest’ in the property) should be part of the court proceedings so they can explain their case to the court as well. They should be sent notice of the hearing and be allowed to attend.
  

UNQUOTE

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

Read that thread I posted, it does state a for sale order CAN be granted, but the number that are granted is low according to my MP. The person who has the other % interest in the house can object to the sale order and if there are children its unlikely a sale will be forced. The thread I posted has masses of good info on it.

 

S.