My debts. Going to request CCA's

[RIAZZIG]

Hi

 

I have debts which have been like a monkey on my back for a while now.

 

I've decided to try and investigate whether or not the credit agreements are "enforceable"

 

So, I am going to request copies of CCA's. But I have a few of questions...

 

On the template letter on this site, it says to enclose a postal order of £1. But I thought I had read somewhere, it should be £10? Also it is from 2006, is it up to date?

 

Also, I was under a debt management plan, does this make any difference??

 

My creditors were orginally Egg, HSBC, MBNA, Funding Corporation.

Is there anything I should bear in mind when dealing with these company's??

 

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

 

Many thanks in advance for any help

 

Cheers

[cerberusalert]

A CCA request is £1, if you did a SAR then it would be £10.

 

Also, I was under a debt management plan, does this make any difference??

 

No, you can legally request a CCA at anytime. Although if any are found to be unenforceable some DMPs are loathed for you to stop paying them. But those are the likes of those that are actually funded by the credit industry.

 

My creditors were orginally Egg, HSBC, MBNA, Funding Corporation.

Is there anything I should bear in mind when dealing with these company's??

If the debts have been sold on they will not have any input other than to provide documents.

 

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

 

Send the requests to whoever you are making payments to.

[RIAZZIG]

How long do I give the creditors to respond. I realise there is a period of 12 working days plus 2 for post. If I receive nothing then, do I send a letter disputing the loan(s) or do I wait another 30 days? as I have read in other places?

 

 

Thanks Cerber, you are very kind for helping me!

[cerberusalert]

After 12 working days if they haven't replied send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

The 30 day rule where they commit an offence was removed from the CCA 1974 in May 2008.

[RIAZZIG]

After 12 working days if they haven't replied send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

The 30 day rule where they commit an offence was removed from the CCA 1974 in May 2008.

 

Thats brilliant, thanks again.

[tummyfire]

Hi,

"-Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

-Send the requests to whoever you are making payments to."

My debts have been passed onto other companies but I am not making payments to anyone. Who should I send the CCA requests to?

Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act.

There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for.

There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes.

Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort".

This is untrue. Disproportionate effort refers to something else under the Act.

If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes.

Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it.

If you have not started gathering your bank charges information yet, then you should start now.

There will soon be a big rush once the OFT test case has been settled.

Get all of your bank account informtion as far back as possible. At least as far back as 1995.

If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[RIAZZIG]

UPDATE *sort of*

 

Sent off CCA requests by recorded delivery, to my 4 creditors last week....

 

Went on the royal mail website to obtain signatures...

 

1 arrived on time, 1 arrived late and the other 2 says

 

Item BR******GB has been accepted at Primeco Limited on 14/07/09

 

Argggghh! so they have not even got there - very annoying!

 

Anyways, will send them again, when I get the chance.

 

Also, do you think It would be a good idea to send a CCA request to Littlewoods? and also Next (girlfriends account)??

 

Thanks

[IdaInFife]

track and trace are very slow at them moment- give a bit a longer and see if you get any replies from the companies for the 'missing' ones so you know that they have been recevied.

 

Ida x

[RIAZZIG]

hmmm...

 

Had a response from the DCA dealing with my egg debt, regarding my CCA request.....

 

We Thank you for your recent communication regarding this account.

 

We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions.

 

In the mean time we confirm that we have placed the account on hold.

 

So they have placed the account on hold, even though the time limit has not elapsed as yet.

 

So, do I stop payments for the moment??

[RIAZZIG]

So, can anyone help me? do i need to stop my payments?

[IdaInFife]

It's your choice.

 

Ida x

[RIAZZIG]

It's your choice.

 

Ida x

hmmm.

 

ok cheers!

[RIAZZIG]

Had a response from D&G Solicitors... (to a CCA request)

 

Thank you for your letter dated 15th July 2009 requesting copy documentation relating to the above account

 

Please accept our apologies for the delay in responding.

 

We are not yet in a position to respond to your request, once we are in a position the relevant documentation will be issued to you

 

Shall I send a letter saying the account is in dispute?

 

The 12+2 days are up tomorrow...

[RIAZZIG]

Okay, I suppose the answer to my last question was fairly obvious

 

So I am sending the "Account in Dispute" letters shortly.

 

As I understand It, the debts are now in default, so I dont have to make a payments....

 

But what if one of them come back with a credit agreement 6 months down the line? Do I have to pay the 6 months worth of payments to catch up or do I carry on paying the agreed amount from that point??

 

Cheers

[cerberusalert]

When an a/c is in dispute collection is suposed to cease until it is resolved, it is frozen. If they are able to produce an enforceable agreement at a later date repayment would then resume.

[RIAZZIG]

When an a/c is in dispute collection is suposed to cease until it is resolved, it is frozen. If they are able to produce an enforceable agreement at a later date repayment would then resume.

 

Fantastic. Thanks again

 

I'm hoping none of my creditors can find a CCA so I am in a strong position to negotiate a Full & Final Settlements

Edited August 4, 2009 by RIAZZIG