Sorting My Debts

[Izzy40]

I am about to fire off several CCA requests. Can I do this at the same time as writing a letter advising of a huge change in circumstances with an I/E form or should they be handled separately?

 

My debts are mainly from 2006 ..... because this is quite recent, are they much more likely to be able to provide true copies? Also, where do I stand with a couple of cards opened via online applications in 2006? Any advice please.

[maroondevo52]

Hello and Welcome,

 

I'd handle the CCA & I/E form separatley, regarding the online applications.....

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

Have you any charges you can claiim back ?

 

Regards.

 

Scott.

[Izzy40]

Ok, thanks. So as I took out most of the agreements on line in 2006, there seems no point in requesting the agreements?

[leviculus_puella]

not sure if this is any help to you izzy but i have 2 cc which i applied for online but didnt bother to send the agreement back and still got the cards im so glad now that i was so disorganised then cause i know when i cca them they wont have any agreement :grin: as far as i can gather this will make them unenforceable

[Izzy40]

Ceri, I take it you mean before 2004 as that is what I understand from the above advice?? Mine were taken out in 2006 which the advice suggests would only need the electronic signature. Can someone please tell me if I'm right here?

[leviculus_puella]

sorry izzy i thought yours fell into the same category , good luck anyway

[maroondevo52]

Hi, Izzy.

 

Here's the act............

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Regards.

 

Scott.

[Izzy40]

Last week, I sent letters to all of my creditors detailing my change of circumstances, alongwith an I/E form and a pro rata offer of payment. I then paid all of them via my internet banking. Yesterday, I received a letter from American Express offering sympathy etc etc but saying that in order to help me further, I need to ring them for a chat. Now I don't want to do this and have been avoiding all of their calls for the last 6 weeks, but what do I do now ....... do I send them another letter advising I want to deal with all matters in writing only?

 

Also, I CCA'd a DCA in early June on a very old debt which I have been paying and although they acknowledged the letter, there has been no agreement sent to me. As it's now well past a month, am I ok to send them the account in dispute letter?

 

Thanks.

[cerberusalert]

do I send them another letter advising I want to deal with all matters in writing only?

Yes, because once they get you on the 'phone the threats & intimidation will follow. Besides everything should be in writing that way it leaves a nice paper-trail which they cannot deny at a later date.

am I ok to send them the account in dispute letter?

Yes.

[Izzy40]

Thanks for your reply.

[loobyloo85]

Hi

 

I wouldnt suggest that you call them. It is just another of their tactics to try and get more money from you. Continue to make small token payments, and follow the CCA route. x

[Izzy40]

I have received a letter from Cap 1 following my letter with the offer of pro rata payments and I/E details. They have asked for copies of my bank statement and wage slips ..... now in theory I have no problem providing this, but I do not want them gaining information about my employer and starting to ring me there. I am sure that I've read that a creditor has no right to these documents, help? Also, if they are not, do I write to them again or ignore their request and just keep paying my pro rata amount.

 

I have received a letter from a DCA after I sent them an Account in Dispute letter approx 6weeks after I CCAd them. They are basically saying that these tings take time. I would like to reduce my payment to just a token of £1 per month ..... just wondering if most people who are not provided with their CCA end up reducing their payments or even not paying at all???

[PGH7447]

no cca no enforceable debt so stop paying them

 

and no they are not entilted to the info they are requesting

[joemay]

Not they are not entitled to that info, only a court can request that.

[Izzy40]

Thanks, shall I just ignore their request??

[mustang67]

If it is not the one in dispute just keep paying the pound. They have no right to that information.

For the one in dispute, just stop paying until they produce a CCA. Then, have it checked out for enforcability.