Is it good news?

[Stressed150]

Hi guys just wanted to find out if I am getting ahaead of myself here and if anyone else has been in the same boat.... Basically CCA'd all my creditors, never recieved a single CCA from any of them, so sent them the account in dispiute letter, I have a response here from one DCA who own my debt, but I dnt knw whether it is good news or not......

 

"We are following up your request for the origignal agreement and statement of account with our client. When these become available we will forward a copy to you.

 

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our clients current failure to supply a copy of the original agreement".

 

 

Any advice guys.....?

[babybear39]

Just stalling for time and standard response...

[Stressed150]

Thanks Bbybear.....they also stated they will continue to report data to CRA's...... Im sure they are not allowed to do this?

[babybear39]

Politely remind them of their duty to you under OFT guidlines and the CPUTR 2008

[JonCris]

Also remind them that as they themselves agree the alleged debt is not enforceable & that by continuing to process your data you will consider that they are attempting to enforce the agreement contrary to the rules

[Stressed150]

Thanks JonCris...... Will be writing to them today x

[Stressed150]

Ok guys, the DCA involved here is DLC, and it has now been 3 months since I CCA'd them and i that time letters have gone back and forth between myself and thm and still no agreement, the most they ever wrote to me was to say that while the debt is not enforceable without the agreement the debt still exists, they have stopped all collections activity on the account, however, I keep getting letters saying they are still chasing up the agreement with the original lender etc and they will be in contact in 21 days.....!!! In my opinion it's been 21 days too long!!! I really want to settle this debt with a very very very small percentage of the balance, I don't expect the whole thing to be written off, shall I just go in all guns blazing and say something like:

 

'If you or your client did have the agreement you would have been able to produce it by now, your non-compliance with my CCA request leads me to believe that you or your client do not infact hold a copy of the required agreement, therefore, to save time and costs, please accept £XXX as a full and final towards the alleged debt and wipe all data from my CRA' etc etc......

 

Also have sent in SAR to the original lener with whom I held two acounts, one for a credit card and the other for this loan, they responded by sending me info for the credit card (agreement, statements, customer services notes etc) but nothing for the loan, have written back stating SAR response incomplete around the 15th June, but I did'nt recieve anything back from them, not even an acknowledgement letter, after speaking to their cust services, they advised me to write to a diff add, which I have done but I'm not sure what to expect...

 

(sigh!!)

 

Any advice please caggers...?

[babybear39]

If you go for an F & F make sure you get it all in writing first.

 

Report the imcomplete SAR to the ICO.

[cashins]

'If you or your client did have the agreement you would have been able to produce it by now, your non-compliance with my CCA request leads me to believe that you or your client do not infact hold a copy of the required agreement, therefore, to save time and costs, please accept £XXX as a full and final towards the alleged debt and wipe all data from my CRA' etc etc......

 

 

I would wait up on that - if there is no agreement, why pay them anything?

 

If they continue to mess you around on the SAR a formal complaint to the lender regarding lack of compliance, followed up by a complaint to the FOS. (Which are disgracefully slow but will do the job.)

 

David

[Stressed150]

I really want to get out of this mess I'm in at the moment, the money I owe to banks, I never spent in the first place!! I got ripped off by a scheming ex...!!! My family have agreed to help me out, but I dnt wnt to waste any more of their money, hence the offer of F&F.....

 

I hear what your saying babybear and cashins, but if I was to go in and make the offer and they rejected it even though they don't really have a leg to stand on, what if any are the implications that I face should they take me to court??

 

Im just tryng to think of the worst case scenario here....

[JonCris]

if you do make a FF payment (no matter what amount) make absolutely sure you make it clear in writing that payment is in 'consideration' of early settlement

[lilly white]

Well Always A Call 3 Months We Have Heard Of Cca Turning In A Year.

 

So They Have Default On Your Cca And Of Course You Know That You Do Not Have To Pay Them.

 

So What To Do.

 

1 Do Not Pay Them Wait Till Have Cca Keep Money Store Away

 

2 Offer Ff Now

 

3. Take Them To Court

 

4. Stop Paying And Offer F/f/

 

Well I Would Offer F/f 20% On The Normal Conditions

 

Hope It Helps

[diddydicky]

with no agreements forthcoming id be inclined to start at 10%

[debt4get]

I really want to get out of this mess I'm in at the moment, the money I owe to banks, I never spent in the first place!! I got ripped off by a scheming ex...!!! My family have agreed to help me out, but I dnt wnt to waste any more of their money, hence the offer of F&F.....

 

I hear what your saying babybear and cashins, but if I was to go in and make the offer and they rejected it even though they don't really have a leg to stand on, what if any are the implications that I face should they take me to court??

 

Im just tryng to think of the worst case scenario here....

without a valid cca they cant take you to court so you can put your mind at rest here...also if you do go for a f&f make absolutely sure you get the whole thing in writing..black and white..never deal with em over the phone they will only deny it later

[diddydicky]

without a valid cca they cant take you to court so you can put your mind at rest here...also if you do go for a f&f make absolutely sure you get the whole thing in writing..black and white..never deal with em over the phone they will only deny it later

 

sadly, they CAN take you to court without an agreement and indeed some do, and try to persuade the judge (sucessfully sometimes) that a microfiche copy of what the agreement would have looked like is sufficent

 

In this case they have sent absolutely nothing in response so he needs to build a case showing that he has made every effort to try and get them to provide the agreement so that he can make an informed decision

 

Yes if he likes he can sit back and whistle dixie all the time they remain in default but he need to record the fact that he has gone out of his way to try to resolve the matter whilst they have done nothing

[diddydicky]

it is then for him to decide whether to offer a F & F or go on the offensive and try and force them to produce something

[Stressed150]

sadly, they CAN take you to court without an agreement and indeed some do, and try to persuade the judge (sucessfully sometimes) that a microfiche copy of what the agreement would have looked like is sufficent

 

In this case they have sent absolutely nothing in response so he needs to build a case showing that he has made every effort to try and get them to provide the agreement so that he can make an informed decision

 

Yes if he likes he can sit back and whistle dixie all the time they remain in default but he need to record the fact that he has gone out of his way to try to resolve the matter whilst they have done nothing

 

Ok, so in terms of doing absolutely everything to get them to produce a CCA, I have written countless numbers of letters during the past three months, what esle is there that I can do to get them to produce the CCA? Would court action be my next and final step step? If so, where and how do I start? Or is there anything other then this that I can do, as I would much prefer to settle without the courts...

[Stressed150]

Ok guys, is it worth me sending this letter, or should I take it straight to courts or make offers of f&f??

 

I write in reference to the above mentioned account.

It has now been 3 months since my initial request for a copy of the original consumer credit agreement relating to the above account.

Given that the Consumer Credit Act states that you must provide a copy of a consumer credit agreement within 12 days, I feel that 3 months is more then sufficient time for you or your client to locate the agreement concerned.

Your failure to provide me with the agreement can only confirm my suspicions that you or your client do not hold a copy of the concerned agreement, therefore making the debt completely unenforceable at law.

Given that you have made several attempts to recover the agreement from your client, and that the problem may indeed rest with your client and their filing system, I am prepared to give you a further 14 days from the date of this letter, to provide me with a copy of the original consumer credit agreement, with the prescribed terms and conditions as required at the time the agreement was taken out.

If you are unable to provide me with a copy of the agreement within the next 14 days, or confirm in writing that you or your client do not hold a copy of the required agreement, my only option is to escalate this dispute and allow for the courts to settle the matter.

I look forward to hearing from you soon.

[diddydicky]

why don't you try this one first- it will put you in a very strong position (especially with regard to any possible costs issues if you do have to take them to court)

 

personally if they did not respond to this one i would THEN try a F & F

 

 

I refer to the above matter and your failure to supply legible documents*(or whatever the alleged failure is )in response to a s78 Consumer Credit Act Request or to provide a true copy of a properly executed credit card agreement.

 

We appear to be at loggerheads in this matter, and clearly you remain in default of the Consumer Credit Act 1974 on this matter.

 

The original properly executed credit card agreement is the document that you would need to produce in support of any county court action against me , and the same document that I would make a court application for you to produce if you failed to respond to such a request under a CPR31.16 prior to my seeking to commence proceedings against yourselves.

 

It would therefore seem to me to be entirely in line with the overriding principles of the CPR for us to make every attempt to settle matters outside the court system .

 

In furtherance of this objective therefore, I would suggest that this matter can be disposed of without further delay by you allowing me to inspect the original properly executed credit card agreement . Thus the matter can a be resolved one way or the other.*

 

Normal convention requires that any such document is inspected in situ- I am prepared to travel a reasonable distance to inspect this document.

 

Alternatively I am prepared to pay the reasonable costs of having this document couriered to the local branch of Barclays Bank*(or wherever)*for me to inspect it there

 

I can think of no valid reason, if it is your sincere desire to have this matter dealt with without further delay, why you should not accede to this request. Since clearly if you satisfy me that you do have a properly executed and enforceable agreement then i can immediately enter into discussions with you with regard to discharging the said debt, which is surely what you are trying to achieve!

 

If however it is the case that you do not possess a properly executed agreement then it would be the better for all concerned for you to admit to this fact now and then we may be able to negotiate a mutually acceptable outcome.

[Stressed150]

Thank you so much for that letter, very punchy!! I shall be posting this tmrw morning and will ltu knw the outcome...x

[diddydicky]

no probs - even no answer to this one is a good answer!!