CCA leading to CCJ?

[Carlj021]

Hello All,

 

I have been reading some threads and it appears that I may be being 'cash cowed' as you term it.

 

I have a variety of creditors in which many have been passed to DCA's I think 5 now with Cabot/Merlin.

 

I do not have any CCJs but do have defaults - I have been in this position since 2007/8.

 

My worry is, that if I do apply for CCAs and I stop the agreed payments as per the advice I see, if the time for them to produce a CCA lapses - will this result in CCJs being issued.

 

Also if Cabot has CCAs for some but not all the debts they have brought how would this pan out?

 

Additionally if the DCA cannot provide a CCA am I then in a position to have the default removed from my credit file?

 

Many thanks in advance

[renegadeimp]

They can't much in court without a compliant CCA. With Cabot its 99% certain its a bad debt and they rarely ever have the right paperwork

[Carlj021]

Thank you, Cabot seems to have chased my debts from others. Most if not all of credit is 2007 or previous and is a mix of credit card and loans.

 

Is CCA the way ahead for me then?

 

If they do not provide a CCA am I in a position to remove from credit file. Does the debt just go away?

[SabreSheep]

HI there

 

Your first step is information.

 

1) CCA Cabot for every debt

2) Full Subject Access Request to every original creditor.

 

THEN

 

When the results come back.

Look for PPI, Unlawful credit card charges, packaged bank account fees and other reclaimable s.

 

CCJs will be applied for regardless of if they know where you live or not. So there is nothing to worry abotu in making the above requests.

 

List the following for every debt.

 

A) Original Creditor

B) Who owns the debt now? Eg Cabot?

C) Rough amount

D) When account was taken out

E) Is there a CCJ on the debt.

F) Type of account : Overdraft, Utility, Credit card, Loan, IOU note shaved onto the side of a sheep?

 

Check your credit report, NODDLE offer a free service, to make sure there are no other skeletons

[Carlj021]

Sabre Sheep,

 

Many thanks for the information you have provided.

 

May I ask, why I need both the SAR as well as the CCA?

 

Thanks

[SabreSheep]

CCA will check if they have a compliant agreement

 

SAR will provide everything else so you can see if there were any reclaimable charges, PPI, find when last payments were made etc.

[Carlj021]

Sabre Sheep,

 

Many thanks again.

[dx100uk]

CCA to the people you are paying

SAR to the original creditors.

 

 

only ONE sar is needed per 'bank'

i'e if you have a loan & a card with the same bank

only ONE SAR is needed.

 

 

pers I'd get the CCA request

done for each debt.

 

 

worry about the sar's later.

 

 

lets get the monkeys off you back first

 

 

dx

[Carlj021]

Appreciate the information dx

 

Thank you

[Carlj021]

I have recieved my first response to CCA request:

 

I have posted for advice in http://www.consumeractiongroup.co.uk/forum/showthread.php?444665-Halifax-Credit-Card-CCA-Response%2817-Viewing%29-nbsp

 

Thank you for continued assistance