No response to CCA requests

[Falcokeith]

Hello all,

I personally feel that having borrowed money i should endeavour to pay it back.

 

 

However, the interest rates now being applied to my Credit Cards is crippling

and even though i am managing (Just) to pay my minimum monthly payments the debt is not getting noticeably smaller.

 

I have CCA'd 8 of them i month ago and

 

 

only got 2 replies, neither has complied with my request 100%.

 

If i wished to get out of my debts i could possibly go down the CCA road

do just that BUT that is not what i am after.

To this end i have compiled the following letter.

 

 

Dear Sir or Madam:

 

I am writing to you now before I get into arrears with yourselves to see if there is any help available for the situation I find myself in.

 

I am currently well over committed with my financial obligations and since my wife is now only working part time I find that I am merely moving money from one debt to another to make the minimum payments. My debt is actually increasing and I can see no light at the end of the tunnel.

 

I have considered options including bankruptcy and as house values have fallen so much I feel that I have nothing to loose.

 

However, I feel that as I have had the money (Except, of course, the interest) I wish to re-pay it. To this end I am writing to all my creditors to ask them to freeze interest payments on my accounts. This together with a little help from family will allow me to make the regular monthly minimum payments that will actually see my debts de-creasing. Of course if you accept this I would return my credit card.

 

As you can see I’m torn between the wish to pay what I owe and the easy option of wiping out my entire debt with bankruptcy.

 

I am hoping that all my creditors would consider this a fair compromise.

 

 

Yours faithfully

 

 

 

Opinions would be greatly appreciated as to weather i am just wasting my time and by sending this will i lose anything i may have gained with the lack of CCA.

 

 

Thanks in advance

[postggj]

in your position i would confirm if they have an agreement or not.

if they have no agreement or will not stop interest and charges, you are in charge.

tell them as no agreement, they will get nothing, or on your terms, repay the balance.

 

mind you the situation on that course of action is if you have been defaulted or not.

the last thing you need is a default registered with the cre.

 

if you allready have a default, and the wont remove it as a sign of good will on repaying the debt, i would give them squat

[Falcokeith]

in your position i would confirm if they have an agreement or not.

if they have no agreement or will not stop interest and charges, you are in charge.

tell them as no agreement, they will get nothing, or on your terms, repay the balance.

 

mind you the situation on that course of action is if you have been defaulted or not.

the last thing you need is a default registered with the cre.

 

if you allready have a default, and the wont remove it as a sign of good will on repaying the debt, i would give them squat

 

 

Hi,

Currently no defaults and not even a late payment but i can see it happening soon hence me trying to prempt them but i see you point about continuing with the CCA. How could i word a letter to them though offering payment on my terms without admiting the debt?? I find this a very confusing point

[postggj]

it all depends if they have a valid cca or not

[Falcokeith]

Assuming they don't (These are all probably at least 8-10 year old accounts)

[postggj]

like i said

you are in the driving seat on negotiations

[Falcokeith]

like i said

you are in the driving seat on negotiations

 

Please forgive me for no doubt not getting it but if i make an offer to them in writing am i not just admiting to the debt and therfore making myself liable?

[postggj]

yes you are addmitting the debt

but if they have no agreement, they will still default you but you will be in a posistion to negotiate no default as long as you pay it on your terms.

even though illegal, getting a default removed is a nightmare. ive had 5

 

if no agreement, they cant force you to pay, but living with a default on your cra is another matter.

depends on the size of the debts

[Falcokeith]

Hi,

I have sent CCA requests for 8 companies but only recived 3.

Can you point me in the direction of the follow up letter stating the account is in dispute.

Thanks in advance

[Mr lex]

I think this is the one your looking for after they have failed to respond after 12+2 working days

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

Hope this helps,

 

Lex

[Falcokeith]

Thanks Lex, much appreciated

[Falcokeith]

Any different opinions?

[Falcokeith]

Hi All,

 

I recently CCA'd all my debtors (Credit cards) and so far i have 2 CCA's returned that are un-enforceable.

 

My question is what now?

 

I am currently still managing to pay monthly minimum payments with no arrears. I am trying to get out of debt but would like to avoid ruining my credit rating.

 

Does anyone know of or have used a letter offering a compromise to credit card companies...Something along the lines of freezing all interest until paid or a reduced F&F offer.

 

Some help would be greatly appreciated

[Fangio of the nineties]

I sympathise, very much in the same boat and i've followed your postings...

I'm new to this myself but ....

Suggest you send the "account in dispute" letter as you believe the cca's are not compliant with the act. Once the account is in dispute the can't sell the debt on (but they try,) and they can't enforce collection - (which thety try too)... seems to me from reading other threads ..if they are confident that their cca is good they will take you to court at some stage and win...

if it's not good then they may still threaten court action in the hope that you don't defend it.. or they will fold on the steps or they get into court and lose..

But seems to me that a judge can only awatrd them what you can afford to pay ,... which may be negligable and it's not really in their interests to bankrupt you - unless you have significant other assets... Judges don't like awarding charging orders for unsecured debt esp when there are dependents..

 

so basically ... dispute the accounts and see what happens..I'll keep an eye on how you get on... you may also want to have a look at my threads and progress as we're inm the same boat...

 

FOTN

[Falcokeith]

Hello all,

I have 10 alleged debts that are defaulted on and have requested CCA's from all of them.

 

So far 3 have written back telling me they do not have a CCA

 

6 Have ignored my request and 1 sent me a small photocopy so I guess they only have a microfilm copy.

 

All these alleged debts date back before 2005, in deed most are from the 1990's.

 

Due to personal circumstances I am no longer even able to make the token payments so stopped them 3 months ago.

 

My question is

 

 

as there are no CCA's, in theory they are not enforceable,

 

 

can I just politely tell them to go away?

[citizenB]

I am surprised they have not attempted to produce reconstructions! The position as I understand it is, if they are unable or unwilling to provide a copy of the agreement, then they are unable to obtain a judgment against you whilst they are in breach of the s78 request.

 

So yes, I guess you could beat them off by saying that they are in breach of your s78 request and that the account is now officially in dispute.

 

It might be worth you sending Subject Access Requests to the original creditors only, as and when you can afford it (seeing as you have so many accounts).

 

Is there any Payment protection Insurance on any of these accounts and are there any late/default charges that might be reclaimed.

 

Perhaps you could give us an overview of the actual debts so we can see who you are dealing with

[dx100uk]

I'd expect that most are now SB's and off your credit file too

 

 

I assume [having merged an old thread]

 

 

you did these CCA's back in 2009?

 

 

dx

[Falcokeith]

I started the process a few years ago but did not go through with it completely as I was very conflicted regarding my own morals.

Now I am in a situation where I have no choice, I have been paying so unfortunately not SB.

Decided this is the year to take control

[dx100uk]

you mean you have continued to pay debts with NO CCA returned?

 

 

dx

[Falcokeith]

you mean you have continued to pay debts with NO CCA returned?

 

 

dx

 

Yes, stupid I know but no more

I have been defaulted on them and now looking to contact ones that have confirmed no CCA about removing any data registered with cra's

[dx100uk]

cant do that

no CCa does not mean no recording.

 

 

so, are you relying upon the 2009 CCa 's you did

or have you sent New ones since?

 

 

dx

[Falcokeith]

cant do that

no CCa does not mean no recording.

 

 

so, are you relying upon the 2009 CCa 's you did

or have you sent New ones since?

 

 

 

 

 

dx

 

 

 

 

Have now sent new requests

[Falcokeith]

I thought it was the CCA that gave them the right to record data

[dx100uk]

nope.

 

 

I see you have several individual threads running on most debts already

so update those as and when.

 

 

when did you post the CCA's

 

 

they have 12+2 WORKING days.

 

 

have you got your credit file?

 

 

who is cash cowing you on each debt now

 

 

can we have a list?

 

 

dx

[Falcokeith]

Barclaycard have 2 that were originally Egg

HSBC have 2 one was originally HFC

LLoyds

Mint

Tesco

Capital one

Ist credit (Originally Opus)

Smile

 

 

All defaulted a couple of years ago

Oh how I wish I had carried on with this when I first started, guess I was just burying my head in the sand rather than face up to the situation

Was planning on sending SAR's when I can