Need advice - £70k debt - should I quit DMP now?

[torch1]

Question: What happens if they find the agreement after 12 days? Can they then issue a CCJ or could it be disputed?

[renegadeimp]

Just an update on this so far. PRA Group have replied stating they have requested the original agreement and my account is suspended and unenforceable until they have it. They also state that they can not issue a CCJ until they have it.

 

They cant issue one anyway. Only a court can. Theyre still trying to scare you. They mean they cant do ANYTHING through any legal avenue to collect the debt.

[dx100uk]

THEY cant issue ANY CCJ's

they might issue a claimform hoping to win in court.

 

 

but without enforceable agreement/paperwork they are stuffed

[renegadeimp]

Question: What happens if they find the agreement after 12 days? Can they then issue a CCJ or could it be disputed?

 

IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.

[torch1]

IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.

 

An update on this. I have had quite a few responses now, most stating they will endeveour to locate the original agreement.

 

2 from wescot stated they are not the creditor and are instructed on behalf of their client and returned the postal order to my old address (despite giving them my new address in the letter).

 

1 from Santader with a copy of the original signed agreement from 2008 which appears to look valid. How should I handle this one?

[dx100uk]

Scan it up read upload

Go start a new thread in the Santander forum and attach it with a brief history of the debt

[dx100uk]

As for wetcloths

I did say send to their client not wetcloths

[torch1]

Have sent of new CCA requests to wetcloth's clients.

 

Have posted the Santander CCA response in the Santander thread.

 

Received a signed for special delivery this morning from American express (after writing to NCO) with a big package of original signed agreement and T&Cs, just within the 12 day time schedule. Too many pages to scan all of it, but agreement is from 2003 so may not be valid.

[dx100uk]

start a new thread in the amex forum.

still need to see it if you want assistance

[torch1]

How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense?

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments?

 

Find it interesting that AMEX sent their response by special delivery.

[renegadeimp]

very. if they dont provide it within 12+2 working days, then they cannot legally enforce the debt through the courts.

 

If the DCA supplies a valid agreement ( and its very rare they do), then you look at other aspects. The debt was sold for a reason. You just need to find out why.

[dx100uk]

How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense? no.

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments? do not respond, yes you can cease payment till they comply with an enforceable agreement

 

Find it interesting that AMEX sent their response by special delivery.

 

 

dx

[torch1]

when they reply with an enforceable agreement shortly afterwards I have to renegotiate reduced payments again with everyone?

 

Seems like a pointless exercise to send CCA requests if so?

 

I read that a reconstituted CCA is enforceable now if post 2007?

[dx100uk]

We check the agreement here

Then maybe you resume

 

A recon doesn't mean its always likely enforceable!!

 

Esp if a debt has been sold to a fleecing DCA

[torch1]

A further update, Capital One have now responded with a photo copy of original signed agreement and full T&Cs stating the agreement is enforceable.

 

 

So now have 3 likely enforceable agreements back so far.

 

If I don't act soon I suspect I will have 3 x CCJs on my way!

[Old Cogger]

they say, read 39 above ref dx

[torch1]

The letter states

 

"It was confirmed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy of your agreement is compliant with S78 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement" (although they have done).

 

Would it be a good idea then to offer them £x for x months due to my change in circumstances (health issues and reduced income).

 

 

A family member has offered to clear a few of the enforceable debts if I can negotiate a reduced full and final offer with them soon as they are causing me a lot of stress and affecting my health.

 

I am a bit reluctant to come off Stepchange and self manage as dealing with the admin for 19 debts is not easy in my circumstances.

[dx100uk]

carey is a load of ole twaddle

and that's not what it said either

just their interpretation of what they think it meant.

 

now can we see these agreements please

new thread in the cap1 forum please too

[torch1]

I sent a CCA Request to Cabot Financial.

They did not respond to it (over 12 days)

Have sent me a letter today stating they have not received payment.

 

On the letter it says original lender is northern rock (pre 2007) and current creditor Marlin Europe V Limited.

 

Should I have sent the CCA Request to Cabot or Marlin?

[dx100uk]

Marlin are Cabot...

If they've not replied then tough for them

No payment till they do

[torch1]

I sent a 4 x separate CCA Requests to LINK Financial at the follow address by recorded delivery, some time ago (over 12 days ago)

 

Link Financial Outsourcing

PO BOX 30095

London

SE1 7WU

 

None of them have been picked up when looking at royal mail tracking.

 

Any ideas what to do?

[dx100uk]

Don't waste money on recorded use 1st class with free proof of posting from the po counter

Its all in the CCA request posts

 

DCA's never sign for them

 

Was that the address on their letters?

[torch1]

The address on their letters is exactly as above.

 

I wanted to send recorded so that I know they received the letter. Proof of posting does not ensure that.

All other DCA picked up their recorded deliveries (even to PO Boxes)

Seems that just LINK do not. Perhaps they know its a way to avoid receiving a CCA request!

 

Should I send another with proof of post only. Cant be sure they will get it though!

[unclebulgaria67]

I don't think a company can refuse to accept recorded delivery easily, unless the local Royal Mail are not doing their job properly. There might be a delay in receipt being confirmed. If the recorded delivery letter was to a correct address for Link, then no reason for it not to be received and signed for. If a letter is sent to an address mail is not accepted at, then of course it won't be delivered.

 

I would only send by recorded delivery if it were extremely important to have an item tracked. For a CCA request, only proof of posting at post office counters is needed, keeping a copy of what was sent.

 

If the Link address is shown on their letters it should be correct. Presume it was received, unless Royal Mail tell you it was not delivered.

[torch1]

I have sent 8 separate letters to LINK by recorded now. It is their official correspondence address. None of them were ever delivered or picked up! Still in the system undelivered.