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    • I would have thought so but I'm no lawyer. What did the one that you spoke to say? You could also google about how/when a will trust is set up to get more of an idea before you speak to the original lawyer. HB
    • While I am waiting for the original solicitor to ring back about the will can I ask. After my dad passed they were informed about this an released a copy of the will to me and my brother, should they have set the trust up then as they were informed of his passing?   Thanks again
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CCA to currently paid debts


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Righto, I'm sorting stuff out to send CCA's to all our current debt collectors as we've always just paid up without checking first that they do own the debt and the have information required to chase it.

 

Could someone send me a link please or advise what to write for a CCA to DCA's that we are currently paying debts to?

 

Also, could you explain exactly what information we are expected to receive from the DCA and what we should do if A) that information is not what is expected and B) they don't send anything?

 

If the DCA's cannot provide proof of the debt should we be paying them?

 

Would they have a right to cancel our current monthly agreement and ask for full payment?

 

Thanks in advance for your help. We're currently paying Ruthbridge £30 a month, Rockwell £25pm, 1st Credit £10pm and Paragon £10pm.

Ruthbridge are also chasing hubby for another debt that is almost statute barred and so far we've ignored the letters.

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here is the list of template letters you may need.

 

The cca request letter is no 8:

 

The Consumer Forums - Debt collectors

 

you need to include a £1 po and just print your name and do not sign it and send recorded to whoever you are paying the monies too.

 

 

if they send something to you in response you could scan it or take a pic of it and upload it to here using photobucket for fols to have a look at it to see if enforceable.

 

if they do not send you anything you can send them an account in dsipute letter - can help you with that if required

 

you shoudl recevie a copy of your original agreement and s statement of account.

 

they would have no right to cnacle any paymnt arrangement you already have and regarding if they default on your cca erquest the next step is up to you.

 

if they did default you are within your right s to withold payment until they provide a valid cca or this would put you in a much better position to offer and massively reduced full and fianl offer to get rid of them.

 

please remeber no enforceable agreements means that, the debt would still exist but you are under no obligation to offer payment to them

 

Ida x

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They cannot make any negative reports against you if you are making agreed payments, even if they are below the amount required within the original agreement. You may also be surprised to find that they cannot substantiate their claim to be the legal owners of the debt. It is highly likely that they have not been sent the relevant paperwork by the original lender.

Working to help set people free from debt.

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They cannot make any negative reports against you if you are making agreed payments, even if they are below the amount required within the original agreement. You may also be surprised to find that they cannot substantiate their claim to be the legal owners of the debt. It is highly likely that they have not been sent the relevant paperwork by the original lender.

 

In which case what should we do?

I have sent off 2 of the CCA letters - 1 to Rockwell and 1 to 1stcredit. Both of these we have been paying off monthly for about 3 years now, but I never questioned their 'ownership' when they sent payment demands at the start.

Do we just stop monthly payments until they do produce the relevant documents!

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sorry debtdecpetion but you are wrong and if you check most threads all have been defaulted on reduced payments as per the t and c's of any alleged agreement.

 

No probs bailey just post back if you get anything

 

ida x

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after you have sent a cca they have 12 + 2 days and after that you are entitled to withold payment until they produce a valid cca

 

ida x

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You are entitled to withhold payments if that default on providing the executed agreement, but they will register a default on your credit record even though they should not. Also provided you are meeting payments as negotiated with the lender (even if they are not in line with the original agreement) they are again breaking the rules if they file a default with the credit reference agencies, however, banks rarely follow the rules.

Working to help set people free from debt.

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I shall just have to wait and see what they deliver in the way of the requested paperwork then.

 

However, we're not particularly worried about credit reports. I know that may seem to be a stupid thing to say but we never intend to get credit, a mortgage or loans ever again and infact haven't done in the past 6 years since moving here.

What we cannot afford to buy with cash we simply cannot afford and don't get.

 

I did get my credit report a few years ago but I didn't keep it. I do remember that there was nothing derogatory on it though.

Should have got hubby's instead as all credit cards were registered in his name.

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same as what i done bailey and i can't beleive the difference in money that we have now. If we wanted or needed anything it had to wait til we saved up and appreciate now that not due anyone money (first time in 13 years that our council tax is up to date with no arrears :D ) and we actually are more happy and content. If we can't afford it, tough. Have everything we need and a bit more.

 

Have a meeaningless ccj due to drop of in dec from an old employer, never and refused to pay a penny and they haven't enforced it but if they did would know how thanks to cag how to contest it.

 

Sometimes just admitting right i am in debt and goona have a few years of struggle but when you get to the end of it you will appreciate every else you have.

 

Ida x

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