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Don't really understand this CCA stuff or know what to do now! Please help!

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Hi,

 

After stumbling across these forums a few months ago. I sent off CCA requests to Capital via Lowells and Halifax via BOS.

 

Have never recieved anything from Lowells apart from letters saying they are looking for it etc. From Halifax I received a laser printed document and a letter saying they didn't need to supply a true copy and therefore had complied with the requirements. The document they sent me was very clearly just printed off a computer, no sigs or dates and the address they put in was my current one (I lived elsewhere when I applied). I am reasonably sure the docs they sent are unenforcable. Halifax have since sold on the debt to Westcott. ( i have advised Westcott thats its in dispute)

 

Anyway, I am confused about the whole thing and where I go from here........

 

Firstly about Halifax's comments that they don't have to supply sigs - in which case why are we all writing off asking for signed CCA's ?!?!?!

 

Secondly, I am not sure what I should expect to happen out of all of this ? Should they be writing the debt off altogether now they can't supply the CCA or should I now be offering a F&F settlement or just batting them off for the 6 years until the statute barred thing??

 

If I should be offering F&F, how do I work out what is a reasonable amount to expect to pay ? (I haven't claimed back any charges but expect them to be huge as had the card for years). One card is about 8k and the other about 4k.

 

Lastly, I really don't want these debts hanging over me any longer, I built them up when I was with my ex husband who basically couldn't stop spending out money, I used the CCs for essential living only when he had emtied our Current account but he had an additional card for the accounts and used it for anything he fancied. Since we divorced, I have cleared all debt apart from these two and not run up any debts since he left, I have 2 other CC with zero balance, no overdraft, no loans. The only thing I have is my mortgage. I can't afford to repay these 2 CCs in full and don't want to agree to paying a small monthly amount for years and years to come, my personal situation is that I no longer work as I have 3 small children, one of whom is disabled and needs round the clock care. Therefore all my income currently and foreseeably is benefit based therefore don't have the income to pay them what they want.

 

I want to either have the debt written off or offer a much lower F&F as I just want to clear them and move on with my life.

 

Please could someone advise what I should be doing now, what I should be expecting and what I could offer on a F&F.

Thanks

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Firstly about Halifax's comments that they don't have to supply sigs - in which case why are we all writing off asking for signed CCA's ?!?!?!

It is true they can supply a 'true copy' omitting certain details. But they tend to do this when they don't have an enforceable agreement hoping they can bluff you. :rolleyes: They are not writing off the alleged debt.

Secondly, I am not sure what I should expect to happen out of all of this ? Should they be writing the debt off altogether now they can't supply the CCA or should I now be offering a F&F settlement or just batting them off for the 6 years until the statute barred thing??

It's not a matter of them writing the debt off, it still exists but in the absence of an enforceable agreement they cannot pursue through the courts and win.

If I should be offering F&F, how do I work out what is a reasonable amount to expect to pay ? (I haven't claimed back any charges but expect them to be huge as had the card for years). One card is about 8k and the other about 4k.

If you do this it would be better to wait until the debt has been sold on to a debt collector. They usually purchase these for around 10% of the value of the debt, so if you offer them 20% they are still making a profit. Plus you have the added leverage of an unenforceable CCA. But if you do negotiate a full and final settlement you should insist that all negative entries are removed from your credit file & everything must be in writing first before you make the payment.


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You should send them a SAR with a view to reclaiming these unfair charges, that will reduce the amount considerably.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thank you for your help. I have just done the subject access request, I assume I should do another postal order and not sign a cheque or the letter ??

 

Also, when I recieve the information, what items can I claim back and could you help me with a link to the letters I need to send ?

 

Thanks again.

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