Can we claim charges and interest back even if disputing the cca? Pitfalls in doing

[angel_1]

Hiya all

 

im just wondering if we are disputing the cca,, then the company default us or sell to a dca,,,we still have not had our cca

 

would it be logical or not to claim the charges and interest to reduce the debt or get to a position that we reduce the debt with this claim and then challenge the cca either not enforceable or because we still have not had it

 

 

my charges are really not that much but if it did get to court i then suppose i could challenge the debt amount by requesting my charges and interest to reduce the debt at that point?

 

i would rather kick the whole debt into touch if it is unenforceable and challenge and get any defaults removed is far more important to me than claiming a few overlimit or late charges

 

What would be deemed to be pitfalls in my mind at the moment are that if i claim the charges back then is it seen as admitting to the debt?

 

just my thoughts on this sunny day - anyway i thought id put it out on the forum as its confusing me at the moment with all the creditors im facing at the moment

 

only ones ive claimed back and pending are bank charges,,,

 

cheers have a fun day laters angel x

[twofoot]

The way to do it is to challenge the CCA first. If it turns out to be valid you then go for charges. You cannot really get charges back the claim there is not CCA.

[dpick]

You can reclaim charges and interest where no agreement exists to allow them to be applied I have taken 2 catalogue companies and a credit card company to court over this and all three folded after claim issued through court. 1 refunded £640 the others both closed the account and wrote off debt.

 

dpick

[rentarded]

Isn't taking a bank to court over charges applied to an account that you were never responsible for a little hypocritical Not that I am a fan of the bank's or anything (far from it) but I often wondered what reaction the banks would get in court if they turned round and said "oh we have no credit agreement therefore the debt is not legit?"

 

Just trying to think of the bigger picture!

[babybear39]

It's an either or situation I'm affraid because if you go the unenforceable CCA route and stop paying the account, then reclaim charges it would be seen as unjust enrichment.

[babybear39]

On further thinking it may be a good idea to SAR the OC at the same time as you CCA (by CCAing you don't admit or deny the alleged debt) whoever's chasing you and then you can make a better decision which way to go.

[angel_1]

hiya all

 

thank you very much for all your posts and thoughts,,, it really is something i wanted to highlight for new people coming to cag too,

 

im confused for myself and i remember starting to read so many threads in the beginning, i didnt understand everything but now that ive learnt a bit,,,although the confussion is a little there, i wanted to clarify further my own thinking and legalities

 

my own hunch for me is that ive started the cca route, then the sars on each creditor, some have come back with a valid cca but most have not

 

like i said for me the charges really are not an issue but would be only if there should be no cca then of course its a another scope of negotiation

 

i will come back later to each of you as you have pointed out stuff i was either aware of or you have now helped me understand it better

 

so i do hope this thread will help the novices too in the long run to make the right choices

 

cheers for now angel x:)

[GARY68]

Hi ANGEL

my thoughts on the charges issue was if I disputed the debt because of the lack of a enforceable agreement then I wouldnt be able to go for charges back as above I beleived it was either one or the other,

however I thought I would chance it anyway,It worked for me I claimed charges amounting to £408 including the default £12 fees and they offered me a couple of quid short of this on the first letter..going back into the account of course.

 

now I dont know what implications this may bring if any down the line to court if it gets there but if it answers any questions on reclaiming charges back on a disputed account and I havent paid them a penny since december.(Barclaycard)

[pinkerton_angel]

dpick and Angel,

This is a very interesting read, I've been defaulted by 2 catalogue companies and am very much disputing what I owe them in the first place, plus there's no CCA. In fact one has been passed to a DCA who has registered 2 identical defaults!! I'm desperately trying to resolve this and fully prepared to take court action against them. Dpick would be most interested to hear how you did it, who the companies were and if you had any defaults etc from them?

Many thanks

pinky

[cerberusalert]

Isn't taking a bank to court over charges applied to an account that you were never responsible for a little hypocritical Not that I am a fan of the bank's or anything (far from it) but I often wondered what reaction the banks would get in court if they turned round and said "oh we have no credit agreement therefore the debt is not legit?"

 

Just trying to think of the bigger picture!

 

It's not hypocritical no, simply because in the absence of or with an unenforceable agreement it does not mean that the debt doesn't exist, it still does but is unenforceable.

[angel_1]

hello all

 

very sorry not really been in on to tackle each of my threads fully but hope to keep on track from now on

 

ive a few that are now getting more aggressive so i know i must tackle these and whilst updating myself on where im at, i was just trying to see the bigger picture on stuff so thanks all for your posts

 

have a fun eve laters angel x

[NitrousOxide]

You can't really say " I didn't have that account, but I'm going to reclaim charges back on it".

[angel_1]

It's not hypocritical no, simply because in the absence of or with an unenforceable agreement it does not mean that the debt doesn't exist, it still does but is unenforceable.

 

 

again im trying to view this from all angles, of course maybe im wrong now with my thoughts

but say the account is unenforceable then in theory that should be it, but as we all know they try and keep adding on charges and interest, or some other dca gets it given to chase up, so if at a point in the future i would wish to offer them a full and final settlement then would nt it be right to claim the charges back to reduce the total figure and based on then the remaining amount offer a full and final and get defaults taken off at the same time

 

otherwise other option is wait on a fight in court and defend an unenforceable agreement and any not correct dn perhaps and any termination of the account, which may be only the arrears due if the judge would see it that way

 

if its enforceable then get a payment plan in and maybe in the future be able to offer a full and final settlement from a friend or someone

but then on this point would be able to claim the charges backs as a matter of course wouldnt we?

 

anyway as i said its a bit of a think tank type of thread to help others too

 

keep happy laters angel x