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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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sugg1

CCA 11 months late

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I requested a cca from 1st credit on the 1st August 2008 yes 11 months ago.

 

Anyway yesterday morning i recieved a copy of my agreement from them.

My husband says because they did not supply it with in the time scale then it is not enforceable ,is this correct or is it now enforceable because even being 11 months after i request it they have now send it ?

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its enforceable if its got all the prescibed terms and signed.

 

Sorry

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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post it up so it can be checked out


PGH7447

 

 

Getting There Slowly

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my hubby is saying its unenforceable because of this.....

 

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

With regard to loans, the specific information must include:

The total sum to be paid, as per the agreement

The sum still outstanding and the due dates for each installment

The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.

In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.

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hi pgh7447

 

it shows all the required prescibed terms and signed ect.

but i will look at getting it posted on here.

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The part in red no longer exists and was repealed in 2006 (I think). They can supply a CCA at anytime - its just after the 12+2 days you can put it into dispute until such time that they do produce one.

 

Are the prescribed terms all there?

 

You beat me - if you can post it, then someone will take a look. If you are sure all the terms are there though, then it would be enforceable.......


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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Hubby now says that ....

 

Because he signed the credit agreement before 2006 then it should still come under the old rules

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No - it doesn't work like that. The 2006 Act, and the amendments are exactly that. They supersede the original 1974 Act.

 

It is 100% no longer a criminal offence for them to go over 30 days, no matter how old the agreement.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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thanks clemma ,i am just uploading the agreement threw photo bucket now.

 

Hubby said ok ,but can he claim back interest ect from them lol

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Did the covering letter from Worst Cretins say that it is an edited agreement?

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Hmmmmm - this is a photocopy of a fax - not even of the original. It's illegible in parts to - and everything must be perfectly clear.

 

Also, I see the arrangement fee is accruing interest as well - a big no-no......I will need to ask someone to take a proper look at this.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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and dont forget that they cannot charge interest or charges to the account for the period in which it was in default

 

my bet is that they have piled on fees

 

my inclination would be to ignore them and put the payments you would have been making in a bank account

 

let them serve a DN, if they have included all these charges and the DN is faulty let them then terminate- you wil then only owe arrears

 

if the DN is correct and the arrears are correct- pay them from your bank account to remedy the breach!!

 

my bet is that they will mess up big time

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hi clemma

 

the acceptance fee is ok

they have put it in the total ammount payable, not credit, so they have got that right

 

dont panic as there is a case at the court of appeal in august on this matter

acceptance fee is a charge for credit so no interest should be applied

 

thats a poor copy

i would demand a copy of the original. not a fax

 

i think some one is pulling the wool over some ones eyes on this one

 

i see its 1st crud

that explains it

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