Payments once account in default/CCA request

[bankbandit]

I'm just about to go down CCA/SAR route and was wondering if I should maintain payments once in dispute or does this look like I don't believe in what I'm doing and therefore invalidate the dispute process, is there a way to word it to maintain payments?

My rationale is that at least it will reduce the capital amount while interest is frozen and until produce copy of signed CCA, I also don't want a default and the hassle of removing it.

And finally what happens when it's in dispute, who is obliged to resolve it if neither party can come to a resolve ie welcome:"you owe the money, t&c blah , blah", me: "I don't, account in dispute, no CCA". Surely it can't be in dispute indefinitely.

[evancosmo]

Assuming there was no CCA & you were of the opinion that the debt was unenforceable you could use s.10 of the data protection act (data subject notice demanding they cease processing your info) to force their hand on this thus ending the to-ing & fro-ing.

[dx100uk]

once the CCA fails, then you can cease payment, do as above & then maybe offer a very low F&F to close the matter.

 

i'd jump that gate when the CCA outcome is know though.

 

there are plenty of threads of this nature here.

 

the more you read the stronger you become.

 

dx

[bankbandit]

Thank you both, I've had a quick read through and if this happens ie they don't adhere to CCA request and I stop paying I run the risk of incurring further charges, a default notice on credit history and possible county court action- (which would be defended). I can't find much assistance on this theme of topic, my dilemma is keep paying or not, as I'm not disputing I owe something just not what they are trying to ream me for.

[evancosmo]

Naturally you've got to decide which course of action is best for you. There are risks involved. However, don't lose sight of the fact though, that without a CCA there can be no further charges, DN or CCJ (there is no way they'd go in front of a judge without a CCA). Not saying it's a straightforward walk in the park but Caggers are challenging & winning on almost a daily basis.

 

Go through the Debt Collection Agency forum & you'll see there are many people pursuing similar actions.

 

At the end of the day, the decision is yours & doesn't need to be taken hastily. Maybe do a CCA or a subject access request (£1 or £10 respectively) & make your final decision on how to proceed when you get the info back. In the meantime trawl through the forums, read other peoples experiences & the fear / nervousness does diminish. I'm in the middle of quite a few problems & my initial fear has gone. Being informed I am now of the view I entered into agreements with organisations that tried to force me to uphold my end of an agreement while they failed to uphold theirs. I've learned there is no such thing as mutuality or fair play as far as these people are concerned. This site & the people on it are their worst nightmares - informed consumers!

 

Whatever you decide, good luck & keep us posted

[dx100uk]

Thank you both, I've had a quick read through and if this happens ie they don't adhere to CCA request and I stop paying I run the risk of incurring further charges, a default notice on credit history and possible county court action- (which would be defended). I can't find much assistance on this theme of topic, my dilemma is keep paying or not, as I'm not disputing I owe something just not what they are trying to ream me for.

 

well said to the previous poster.

 

let just make this clear.

once the cca fails [if?!] there is very very little they can do to you.

they cannot issue DN, charges, interest,ccj's, CRA markers.

they are not allowed to process your data.

 

now, you indicate, like i do, that you still honour the debt & pay your just dues,

well the beauty of a failed CCA, is it makes a rather large carrot situation.

you choose the figure, you offer it as F&F, and say to them take it or leave it.

 

anyhow, lets wait and see what arrives [or not!]

 

dx