When to make a CCA request?

[haldeman]

Hello All,

 

And thank you very much for the help and advice that you give so generously.

 

I have been following that advice for six months now - 4 credit cards, 3 with MBNA and 1 with Cap One, all dating back to the early ninties. Six months ago I wrote using your template telling them that I could not keep up the payments. They both agreed to nominal monthly repayments and suspended interest. The accounts never went into arrears and I haven't had a missed or late payment in the past two decades. They have now told me that the suspension of interest and agreement to nominal payments has expired, that the accounts have now defaulted, and that they may sell on to a "vendor" (presume they mean DCA) in due course.

 

My objective is simply to delay and, if possible, protect my credit status - I should be able to get back on my feet over the course of the rest of this year and at that time will probably make them a good offer to settle the accounts. I have told them this in writing and, as a gesture of confidence and goodwill, offerred to increase the nominal payments that I have been making.

 

I am currently living off of overdraft and am scared that the bank could pull this at any time with minimal notice. I have taken cash out of the overdraft and placed it in a seperate account just in case this happens. Presumably, at some point the bank will do a credit check and find the defaults, prompting them to pull the overdraft.

 

My question is, what is the optimum time to request the CCA? Should I do it now, or wait until the CC companies begin to get heavy or assign the debt to someone less obliging? Remember, I'm really just trying to buy time here.

 

Many thanks in advance for any advice you can offer.

 

Haldeman

[BRIGADIER2JCS]

Hi, I'm afraid that if the accounts have actually been defaulted

and registered with thje credit reference agencied your credit

status is already shot.

I presume that you received a default notice and could not remedy

the defaulty amount??

[rebel11]

Hi halde

 

It might be an idea to claim back any Mis-sold PPI on these account over the last 6 years plus with interest, also any penalty charges.

Have a read of 1,2,3,4,5 and 7 in my signature. They might owe you quite a lot of money.

 

http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

[haldeman]

Yes, they issued the default notices and I was unable to pay. If they've shot my credit there doesn't seem to be much incentive to cooperate with them?

 

Given the age of the accounts (early 1990's) I imagine a CCA might cause them some difficulty?

[BRIGADIER2JCS]

Halde, have you checked your credit files??

[haldeman]

I haven't checked my credit files - I guess they'll show the credit cards - is it worth doing?

 

And as for PPI etc., the accounts have never been in arrears so there shouldn't be any charges, and I always declined PPI since it was so obviously a rip-off

[BRIGADIER2JCS]

An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

[haldeman]

An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

 

 

Should I send it now, or wait 'til they get nasty?

[BRIGADIER2JCS]

It matters not really,but I would personally do it now.

[haldeman]

Many thanks, I'll do that.

 

Thank you all for your help - I'll let you know how I get on.

 

H

[rebel11]

Hi Halde

 

It's important to send them Recorded, print off the signatures off the Royal Mail site, keep them safe.

[haldeman]

Hi Guys,

 

Here's an update. I CCA'd MBNA (via Aktiv Kapital) x 3 and Capital One x 1. Two responses from Aktiv Kapital saying they (i.e. MBNA) can't find the documents and that "we will cease all further collections activity in regards to this matter." Good news, right? Should I acknowledge this in any way? Is it necessary to send the "you are in default" letter given what they have said?

 

So I have one outstanding CCA response awaited from Aktiv Kapital/MBNA. It is now well beyond the statutory period. I started putting together the "you are now in default" letter for Aktiv Kapital/MBNA, but then wondered whether I would be better to just keep quiet for now and wait to see what happens. I don't really want to rattle their cage if they have suspended action on all three of the accounts.

 

As for Capital One, they sent me what purported to be a reconstituted copy of an agreement from 1998 and told me that they were quite confident that it was fully enforcable. I, of course. have no way of knowing whether this copy is accurate or not. Also, I suspect that they have sent a reconstituted copy because they don't have the original. I have sent them a subject access request to try to flush this out. Do you think I should respond to their letter saying that I don't recognise the document and would expect them to produce the a copy of the executed agreement in order to confirm that the debt is enforcable in court? Or something else?

 

As ever, your help is much appreciated. I think you guys are providing a hugely valuable public service.

 

S

[haldeman]

I've now got three letters (one for each account) from Aktiv Kapital saying that as MBNA cannot produce the CCA they are putting collection activities on hold. I've been paying nominal amounts to each account each month. Should I stop these payments now?

[PGH7447]

up to you but if they cant produce an agreement then there is no enforceable debt, so in reality there is nothing to pay towards

[BRIGADIER2JCS]

Yes stop. Keep all correspondence as the debt

is likely to be sold on at some point.

[haldeman]

Thank you, Brigadier. I'll get on to the bank to cancel the standing orders.

 

I very much appreciate your time and attention with all of this.