Latest Advice on CCA letters to DCA

[ifu95702]

Hi everyone,

 

Firstly thanks for all the hard work and advice from the regular posters on here.

 

I found the site a few months ago while struggling with credit card debt and sent off the CCA letters to the DCA's and a couple of credit card companies who kept the debt in house.

 

The responses to the original letters were in 3 categories.

 

1) We have no CCA or we're looking for it

2) Here is a "true" copy with no signature etc

3) Here is the CCA

 

For 1 and 2 I then sent off the follow up letters and put the accounts into dispute. I'm now waiting for the follow up or fall out from these letters.

 

What I'm hoping to clarify on here is the current latest advice given the Carey vs HSBC outcome.

 

1) Was I correct to put the accounts in category 1 into dispute and stop making payments?

2) As above but for those who sent me a "true" copy.... how should I deal with these?

 

Its all credit card debt and I have been on a debt repayment plan for 3 years but recent changes in circumstances are making it very difficult to keep up.

 

thanks in advance

[dx100uk]

do these debts show on your CRA file?

 

dx

[ifu95702]

I've just requested the statutory £2 report from Experion.... will that be enough?

[dx100uk]

should do

 

now sit on you hands

dx

[ifu95702]

Will do DX, cheers!

 

Will come back to you when I get the CRA file.

[ifu95702]

Hi Dx100uk,

 

So I've finally got access to my CRA account.

 

Of the 6 parties chasing me only 3 of them appear on my CRA.

 

Of the 3 that appear onmy CRA

 

1 has provided me with a signed copy of my original credit agreement following my initial CCA letter.

1 has sent me a "true" copy with no signature.

1 DCA has written to me telling me they are no longer dealing with my account and has passed it back to the original creditor (they admitted they could not provide me with a copy of my agreement requested in the CCA letter)

 

Of the 3 that don't appear on my credit record, they are all going down the route of sending me "true" copies with no signature and drafting long letters about why I need to keep up payments.

 

Any advice on what to do next?

 

thanks in advance

[dx100uk]

quite honestly, if it doesn't show on your CRA PERS i'd stop all payments.

 

there appears to be no reason to pay them.

but a bit of history on each of these with dates might help decide.

 

on the ones that show.

obv if they've got a CCA and theres no way it could poss be SB'ed then it make thngs different.

 

of the three that show

who's name is aganst the debts?

 

dx

[ifu95702]

ok so the culprits are

 

1) Apex Credit Management: Could fulfill the CCA request so have handed it back to the original creditor. Does appear on the CRA report from Experion under APEX. Card started May 1998, default April 2009.

 

2) Blair Oliver Scott on behalf of Bank of Scotland Credit Cards: Sent me a signed copy of the CCA Agreement. Does appear on the CRA report but under Bank of Scotland, not Blair Oliver Scott. Card started Sept 2006, default September 2009.

 

3) Tesco Credit Cards: Have sent me a reconstituted "true" copy of my credit agreement with no signature. It does appear on my CRA report from Experion under Tesco. Card started March 2008, Defaulted Dec 2008.

 

4) Barclaycard (One CC from Barclaycard and another from Egg that they've taken responsibility for): Have sent me a reconstituted "true" copy but DOES NOT appear on my CRA File.

 

5) Direct Legal Collections: Have not sent me anything after my CCA request and DOES NOT appear on my CRA report.

 

So with 2 I am surrendering to my fate but 1,3,4 and 5 I want to pursue as much as possible.

 

I have been paying for 3 years via a debt repayment plan....

 

My plan of action should therefore be....

 

1) Sit on my hands I presume and stop all payments

3) Hit them with a CPUTR 2008 letter?

4) Hit them with a CPUTR 2008 letter?

5) Sit on my hands and stop all payments.

 

your advice as always is much appreciated.

[dx100uk]

ok so the culprits are

 

1) Apex Credit Management: Could fulfill the CCA request so have handed it back to the original creditor. Does appear on the CRA report from Experion under APEX. Card started May 1998, default April 2009.

- time to investigate reclaiming?

 

2) Blair Oliver Scott on behalf of Bank of Scotland Credit Cards: Sent me a signed copy of the CCA Agreement. Does appear on the CRA report but under Bank of Scotland, not Blair Oliver Scott. Card started Sept 2006, default September 2009. - BOS IS BOS! in house dca. - time to investigate reclaiming?

 

3) Tesco Credit Cards: Have sent me a reconstituted "true" copy of my credit agreement with no signature. It does appear on my CRA report from Experion under Tesco. Card started March 2008, Defaulted Dec 2008. - - time to investigate reclaiming?

 

4) Barclaycard (One CC from Barclaycard and another from Egg that they've taken responsibility for): Have sent me a reconstituted "true" copy but DOES NOT appear on my CRA File. - something fishy here, poss already written off or sb'ed? how old?

 

5) Direct Legal Collections: Have not sent me anything after my CCA request and DOES NOT appear on my CRA report. - thats quite usual for DLC, they do try spoofing people!, what was the debt? a citi card?when was YOUR last payment?

 

So with 2 I am surrendering to my fate but 1,3,4 and 5 I want to pursue as much as possible.

 

I have been paying for 3 years via a debt repayment plan....

 

My plan of action should therefore be....

 

1) Sit on my hands I presume and stop all payments

3) Hit them with a CPUTR 2008 letter?

4) Hit them with a CPUTR 2008 letter?

5) Sit on my hands and stop all payments.

 

your advice as always is much appreciated.

 

who is your DMP with?

 

dx

[ifu95702]

Reclaiming what? sorry if I'm being dim. No PPI on any of these as far as I'm aware.

 

Egg was from around 2002 but need to check exact date.

 

Barclaycard was more recent, around 2007/8.

 

Last payments to all were late 2011.

 

All debts are credit cards, DLC was MBNA, Apex was Goldfish.

[ifu95702]

Hi DX,

 

Any further advice on this?

 

Should I send the CPUTR 2008 letters to 3 and 4?

 

thanks

[dx100uk]

you need to findout if your payments via the DMP WERE coming off the debts.

who was/is your DMP with?

 

dx

[ifu95702]

DFH in Manchester was the DMP company and yes the payments were coming off the balances.

[dx100uk]

was good you've finished with them.?

 

how do you know the OC's bal was going down, was the dca telling you this or the reports from the OC showed this?

 

dx

[ifu95702]

statements from the OC's or DCA's

[dx100uk]

never trust what a DCA says!

 

the OC

 

dx

[ifu95702]

I've got Apex and DLC I've got annual statements clearly showing that the balance is reducing.... if it wasn't then surely thats fraud?

 

For Blair et al I've got monthly BOS statements showing the reducing balance as well.

 

So all ok there.

[dx100uk]

ok good

just that we often see these private dmp co's magic payments away and they never see the oc and orginal debt reduce.

[citizenB]

Didnt Egg sell their accounts to B/shark ?

[ifu95702]

So next steps?

 

Egg were bought by Barclays...

[brokebutnotbeatn]

The Barclays taking on EGG has only happened recently - my EGG account has only this month shown up on my file. Another is still with EGG though, only one 'moved' If you're in a DMP but struggling to make the payments then if you are still with your DMP company talk to them about reducing your payments - there negotiation actiivty with your creditors is what you pay them for! Also, if you;re still with them and want to stay with them then tell them you need to go it alone as it's the only way you can get more money into the plan and I bet you they substantically reduce the percentage they are taking. If they won't reduce it then consider doing it yourself for the debts that show on your file and that have produced agreements.

[citizenB]

If you are considering administering your own DMP, then have a read of the following.

The following has recently been brought to my attention and could prove very useful. Especially now the OFT guidance specifically states it's an Unfair practice to ignore a cashflow budget!

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.uk/

https://www.mymoneysteps.org/

xx

[ifu95702]

ok so quick update on this one DX100UK

 

3) Tesco Credit Cards: Have responded to my CPUTR request with the expected "we've already sent you a reconstituted true copy of your agreement" In addition they've cancelled my previous repayment agreement and are now demanding full payment (and possibly adding fee's and interest again)

 

4) Barclaycard (One CC from Barclaycard and another from Egg that they've taken responsibility for): Same as above.

 

So they have not confirmed that they have the original agreements under my CPUTR request.

 

What would be the next steps? If I sit on my hands I suspect they next I will hear from them is court papers...

 

Can you confirm for me that without the original they are unlikely to be successful in court? What's the worst that can happen here?

 

Your advice as always is much appreciated.

[dx100uk]

it p'haps might be better to split them all off to their ownthreads

in the correctly named forum for the oc

 

dx