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SHELBELLE

Ccj and i/e request help needed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3655 days.

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Thank you

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:) Hi everyone, after spending hours on this fab site, I have just returned from the post ofice and finally sent out all the CCA requests to my pesky DCA'S/Creditors!!!

 

I must say that I feel rather pleased with myself and am quite content at this present time. Ask me again in a couple of weeks:???:

 

 

I thought I would start this thread so I can keep everyone updated on how my particular DCA/Creditors are behaving and of course so any of you lovely people can point me in the right direction.

 

 

I will post as soon as anything arrives or developes.

 

 

Thanks for now

 

Shelbelle

 

 

DIRECT LEGAL COLLECTIONS: PERSONAL UNSECURED LOAN

BLAIR, OLIVER & SCOTT: HALIFAX CREDIT CARD

LLOYDS TSB: CREDIT CARD

LLOYDS TSB: PERSONAL UNSECURED LOAN

SAINSBURYS BANK: CREDIT CARD

WATCH THIS SPACE, I AM IN FIGHTING MOOD!!!

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Good luck with them all, SHELBELLE.

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Scott

 

Many thanks for that

 

 

 

Shellbelle

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OH noooooooo!!!!!!

 

I have just remembered something very vital in my case with my creditors s**t!!!! Need Help

 

When my financial circumstances changed for the worst I wrote to all my creditors informing them of my situation, I then enlisted the help of the CCCS and have been paying the creditors(some 0/C & some DCA'S) through CCCS for over a year.

 

I may be very thick but I have this awful feeling that I have admitted the debt in writing, will my case still stand if they do not produce a valid CCA?

 

Or will I only (maybe) be ok with the DCA'S as the original debt was not with them?

 

I would also like to mention that I know for a fact that most of my accounts were applied for online and nothing was ever signed.

 

 

 

PLEASE HELP, AM I FIGHTING A LOST CAUSE??????

 

 

All help and advice appreciated.

 

 

Shelbelle

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If, and this is a big if it ever got to a court hearing, they would have to produce a valid executed consumer credit agreement, if you demanded it be produced.

I hope that answers your question.

Regards CCM


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CCM

 

Does

 

CCM

 

Does that mean it does not matter if I wrote to them previously if they do not produce the valid CCA then I should be ok?

 

Sorry just getting worried I am going to be open to a loop hole in favour of the Creditors.

 

Thanks again

 

SB

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You can request a CCA at anytime, remember most of these firms are only collecting the debt, they did not offer you the money. by requesting a CCA you are establishing the fact that they are entitled to collect said debt.

 

If they do not have a CCA then what are they doing demanding money from you.

 

It also puts you in control not them.


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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PGH

 

Thanks.

 

So regardless of my earlier letters they still must produce the CCA?

 

Sorry suddenley have panic stations!!!!!:confused:

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You can request a CCA at anytime, remember most of these firms are only collecting the debt, they did not offer you the money. by requesting a CCA you are establishing the fact that they are entitled to collect said debt.

 

If they do not have a CCA then what are they doing demanding money from you.

 

It also puts you in control not them.

 

pgh

Sorry i have to disagree with you there. When requesting a CCA or writing to them for any other reason, you must put at the top of the letter,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Therefore you are NOT acknowleging anything, but merely asking for proof of debt


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CCM

 

So because I did not include taht statement in my letters explaining my financial postion, if I am still dealing with the O/C is this going to be a problem?

 

Shall I use that phrase from now on or will I be contradicting myself?

 

In short would you recommend I pursue if debt is still with O/C?

 

I m very confused(NOT HARD)!!!:confused:

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It's ok Just make sure you put that at the top of all your letters and in bold from now on You'll be fine.

Oh and dont talk to them on the phone


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CCM

 

Ok will do.

 

No I wont talk to the buggers, I have printed a great telephone conversation from another post and have memorised it word for word, great comedy!!!!!!!!!!!!!!!!!!!!!!!

 

Thanks again, much appreciated.

 

SBX

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Good for you lol


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Isn't this site just the best!!!

 

Hope in a few months/years I will become an expert like you lot, I have even told my sister/colleagues about this little gem.

 

SB

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pgh

Sorry i have to disagree with you there. When requesting a CCA or writing to them for any other reason, you must put at the top of the letter,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Therefore you are NOT acknowleging anything, but merely asking for proof of debt

 

obviously people have different "rules" to how this should be done, I make CCA requests on nearly a daily basis in my job and we do not specify at the top of the letter that there is no acknowledgement of the debt.

 

The important letters that information needs to be included on is when you are disputing a debt under the limitations act.

 

like PGH said you can make a CCA request at any time even if you have always been paying the money and "know" that you owe it, if there is no agreement or the agreement is not properly executed its unforceable!


Specialist Debt Adviser

 

Community Legal Aid 0845 345 4345 Free advice on Debt, Employment, Housing and Welfare Benefits

 

I work for Community Legal Aid and Citizens Advice

 

I am a member of the Institute for Money Advisers

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pgh

Sorry i have to disagree with you there. When requesting a CCA or writing to them for any other reason, you must put at the top of the letter,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Therefore you are NOT acknowleging anything, but merely asking for proof of debt

 

 

Actually CCM by requesting a CCA you are in fact establishing if the debt is enforcable as per LayDee's post so if you state !I do not Acknowledge etc" or not is neither here nor there, I do actuall use that phrase but only cause I hope it gets up the DCA Drones noses, all to their own :)


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks you guys and girls.

 

All points read and understood!!!

 

 

 

Shelbelle:p

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M eagain

 

Can someone help me on my earlier Lloyds question?

 

I CCA'd them got a letter this morn saying thankyou for your payment, no mention of CCA request at all, shall I write back or wait for the 12 + 2 days??

 

Thanks in advance

 

 

S.B.

 

Hi

 

Any ideas re: Lloyds anyone?

 

Thanks

 

S.B.

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hi ..it 12 + 2 days for them to go in default then another 30 days for them to commit a criminal offence ...no dont write to them ,,they know you have requested a CCA they are very aware of that ..just sit tight and relax and see what pops up :)

  • Haha 1

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Babydoll

 

 

Ok I will sit tight and hopefully let them pass the 12 + 2 days and then I believe they will be in default.

 

I will find a letter in templates to send after the timescale has passed.

 

 

Many thanks

 

S.B.

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Actually CCM by requesting a CCA you are in fact establishing if the debt is enforcable as per LayDee's post so if you state !I do not Acknowledge etc" or not is neither here nor there, I do actuall use that phrase but only cause I hope it gets up the DCA Drones noses, all to their own :)

 

pgh

Yes i think it does no harm to use it, if it gets up their noses so much the better


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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if that were me id wait until after the 30 day deadline if you really want to write to them ...i have a halifax cred card ..went to blair oliver and scott..had 2 threatning letters off them ..i CCA them in march..have heard nothing since ..they have defaulted and commited a criminal offence ..ive stopped paying them the token payment,,im not writing to them..they know my request still stands..i have been told from the great site to report them to trading standards etc to get them to investigate,,im hoping there is no CCA card was taken out in 2001

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SB

Would be best for you to start a new thread for each different creditor.

Gets more attention and avoids confusion

Regards CCM


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Babydoll & CCM

 

Thanks I will do that, but not sure how to use original threads i.e. do I start again or can I use what I have already posted?? Wouldn't know how to split them if you know what I mean.

 

Thanks

 

S.B.

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Only mods can merge threads, start again if theres not too much


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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