Totally new here and help in laymans terms please!!!

[philsung118]

Hi

 

before starting this new thread I tried to read as much information on this forum as possible to find answers to the questions I have but I'm still confused. Can anyone please help me with this as this is really starting to get me depressed. I have made a list of questions, any help would be grately appreciated.

 

1) I have a Virgin credit card applied for last year (200 8 online) is there anything I can do to have this debt made unenforcable?

 

2)I have a Tesco and a First Direct Card applied for pre 2006, which is the correct initial letter I should send to them to see my CCA? I have seen 2 different versions here on this site. btw, First Direct debt has now been passed to Metropolitan Collection Services.

 

An idiot step by step guide would be also appreciated

[Rooster-UK]

Moving this thread into the Debt Forum.

[palomino]

1. The Virgin credit card scheme is run by MBNA.

2. First Direct is part of HSBC. MCS is a subsidiary company of HSBC.

[Deb T]

I've sent this version of the CCA and it's section 78 for Credit cards and 77 for loans (but keep them both in to cover all bases

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[philsung118]

Thank you palomino, considering that the Virgin card was taken out last year online, is there anything I can do? Also, which is the correct latter to send requesting my CCA? Im confused after reading this http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html Im trying to do most of the research myself but its confusing.....

[Deb T]

As for step by step, fundamental rule is don't speak to your creditors AKA an OC or Debt collection agents aka DCA's. Everything is in writing?

 

Print your name don't sign or sign with a different sig to your usual one.

 

If the agreements show up, remove the identifying details from them and hoist them up on to the forum for others to look at.

 

2008 agreements I would hazard a guess and say all is probably intact..but it doesn't hurt to apply for the CCA .

 

They have 12+ 2 days (2 days for service) to get them to you after which time you can put the account in dispute and withold payment until such time as they do provide an enforceable agreeement. Your choice if you wish to contiune to pay them

 

Dispute letter is here, same drill as the CCA

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

All correspondence from you to them send by recoded delivery. Check the royal mail website for proof of delivery, found here

http://www.royalmail.com/portal/rm/personal?pageId=tab_track_rm&catId=500185&mediaId=83900761

 

Send them a crossed postal order for £1 for eac cca and you can phone royal mail around 15 days after posting the postal order to see if it's been cashed. Number for that is 01246-542091

 

Welcome to CAG

[palomino]

The Consumer Credit Act 1974 states that you are entitled to a true copy of your executed agreement. Somewhere there has been a ruling (OFT I think) that a 'true copy of the executed agreement' can be interpreted as 'a copy of a blank agreement that we might have been using at the time'. Insofar that a blank agreement form is not executed this ruling doesn't seem to make sense. But whoever said the law was sensible...

 

This why you should make a DSAR under the Data Protection Act if you actually want a photocopy of the original agreement that you signed.

 

The latter is what the creditor will have to produce in court, should the matter go that far, and you specify that it must be produced.

[philsung118]

Thanks Deb T! What factors dictate the success of the debt being unenforcable? Just the fact that they dont hold a copy of the signed CCA?

[Bazooka Boo]

First Direct debt has now been passed to Metropolitan Collection Services.

 

Metropolitan are the in-house Debt Collection Agency (DCA) for First Direct, which is a division of HSBC Bank. So your debt is still with the bank.

 

If your Credit Card (CC) was taken out last year then it will almost certainly have an enforceable CCA, especially as you took it out on-line, all they need to show you is the page with the box that you would have ticked.

 

I will re-iterate that Consumer Action Group is not about 'debt avoidance' which you have touched on in your first post. If you know that you have run up a bill that your now struggling to pay, then it would be wise to communicate with Virgin and explain your circumstances have changed and your finding it difficult to pay the required amount each month and try to come to some agreement with them.

[philsung118]

Palomino thanks again, so does this mean is 'should' send the template from this link or not? http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[Deb T]

Thanks Deb T! What factors dictate the success of the debt being unenforcable? Just the fact that they dont hold a copy of the signed CCA?

 

 

In my opinion any court action to enforce payment would almost certainly fail if there was no signed copy of a pre 2007 consumer credit agreement produced by the plaintiff,

 

As for unenforceable from the agreement itself, the specifcs seem to vary but essentially this

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2616407.html