CCA sent 2 yrs ago, no response; now getting letters

[h83hor]

HI

I sent CCA to Lowells for 3 different accounts.

I had no response this was in 2014.

 

 

I have now received pre-legal assessment letters.

I have kept the post office recipts as I sent recoreded with 1 pound postal order.

I also sent to Bryan Carter as well.

(he respoded was on hold until could get info)

never heard back from any of the creditors until now???

 

How do I prove I sent CCA if it goes to court?

and do I need to send another CCA as its been 2 years??

 

Any help thanks

[Bazooka Boo]

No never give them a second opportunity to provide the CCA.

 

You have the evidence you sent your lawful request, they failed to respond.

 

Who is sending these missives?

 

When did you take these accounts out and what are they?

[BankFodder]

Although you say you have kept the postal receipts, have you kept copies of the request you made?

 

I would respond in writing with a copy of the request and say to them that they have so far failed to respond to your requests dated XXX, copy enclosed. You deny the existence of any debt and you invite them again to supply you with the CCA.

 

Tell them that any attempt to take you to court and you will provide the court with all the evidence that they have been unable to respond to your statutory request and that they are treating you unfairly

[h83hor]

HI,

I think I have copies of the letters on my old Laptop.

 

 

But although I have the receipts for the postage they are too old to track now,

Ive tried on the post office website.

 

 

the debts are for shop direct catalogues. Taken in 2012

.these haven’t been paid due to illness,

 

 

I am wanting to make a full and final to get this removed from my credit file as I want to buy a house in the next few years as I am expecting.

 

 

I am coming into some money from a family member soon and want to use to clear my credit file. But do not want a CCJ in the mean time.

[Bazooka Boo]

Paying them off now will do nothing to clear your credit file, that's a myth creditors and DCA's user in order to get people to part with their hard earned!

 

You have receipts for the postage, that's all you need to prove you sent them.

 

The defaults will drop off your file on their sixth anniversary paid or not.

[h83hor]

I have read on CAG, that a full and final agreement is where you don't accept liability and you make it a part of the agreement that it is removed from the credit file if payment accepted??

[Bazooka Boo]

I have read on CAG, that a full and final agreement is where you don't accept liability and you make it a part of the agreement that it is removed from the credit file if payment accepted??

 

For them to accept a F&F payment you would ideally need to prove that what they have is unenforceable in court, and that your offer will be the best they are likely to get out of you.

 

They won't as their greed knows no bounds.

[daverules]

I have read on CAG, that a full and final agreement is where you don't accept liability and you make it a part of the agreement that it is removed from the credit file if payment accepted??

 

Hello

from what I have read from this site is that is very very rare that if you do a Full and Final agreement

it will only ever show as settled, never removed so stays on your CRA regardless.

 

Regards

[brassnecked]

They will drop off in 2018, better to use money to save towards a deposit than give a fleecer coin unless they send a Court Claim.

[renegadeimp]

They haven't provided a response see to your cca request so they can't get a ccj. Stop worrying about it. It's just a phishing attempt to try and get money from you.

 

If they're stupid enough to go to court;, then you use the no paperwork defence.

 

Meanwhile get a sar off to the occasion and get reclaiming what you can.

[h83hor]

Sorry to be stupid, But what would I be reclaiming???

Thanks

[renegadeimp]

penalty charges, PPI etc . Depends what accounts theyre chasing.

[dx100uk]

paying off defaulted debts does NOT get the defaults removed

 

paid or not they are there for 6yrs.

 

go on holiday with the money

don't waste it on a fleecing DCA

it wont improve your score

nor chances of a mortgage.

 

 

dx

[Guest]

yes, if defaulted, then thats usually there to stay for the 6 regardless (unless its in error).

hence if already defaulted, then dont bend over for them. take it as far as poss.

[h83hor]

Ok I have read on another forum,

where a gentleman did a CCA request,

 

the bank could not fulfil the request as they did not have the paper work and there for removed the default.

I am presuming Lowell have NO evidence as they're ignored my CCA. this is the quote from the forum "

 

The strategy relies on the fact that a Default warning letter was never sent out.

The law states that before a default can be issued the lender has to send a default warning letter.

This is an official looking letter that offers the customer a final 28 days to settle.

The letter also includes details of what a default is, and the effects of one being lodged against your name, ie might struggle to get new credit

If you want to continue then you'll be arguing the default issued against you was done so illegally because the correct paperwork procedure wasn't followed.

In effect you are going to be arguing on a technicality."

So I am hoping to argue on this basis that the default be removed?? any thoughts?

[Guest]

a default register is usually governed as per the ICO guidance on defaults.

[h83hor]

The ICO guidance on defaults doesn’t seem to mention anything with regards to the creditor proving the debt is yours via a CCA??

 

Surely if you are disputing legality of the credit agreement, as no proof of agreement.

 

ICO state default can be noted on credit file if agreement terms are not met regarding payments.

 

If there is no proof of an agreement then surely this doesn’t stand?

[dx100uk]

no sadly you are reading a very old site with very old advice.

the three letter syndrome ...

 

 

no CCA nor proof of DN does not mean default removal today

[Bazooka Boo]

It's been there for the last 4 years, if you really wanted it removing then you would/should/could have done something about it at the time it was placed, exactly the same as the OC wanting their money back, they could/would/should have gone after it themselves within the first year you defaulted, they didn't.

 

SO it's of little importance to them, simply because they have recovered their losses from their insurance, and made some profit out of it, by the sale of a portfolio of debts, which will have contained yours, and sold for as little as 6p in the pound.