Lisa and CCA's

[lisaf]

Hi all,

I sent out my first cca on a very old lloyds loan that I have last week.

I have a few questions if anyone could offer some advice please?

1/ The debt was passed on to a company called CSL (that's who I've sent the request to). Should I have sent one to lloyds or is csl ok to send it to as it's been in their hands for some years now?

2/ My other half has one also with Lloyds which goes back some years and we think it's a mixture of 3 different loans (was for about £19,000 altogether - now about £14,000). It's been with Sechiari clark and mitchell for years now, should I send the request to them?

We know we've been totally stitched up with the OH's one as they just kept taking loan payments out from our then current account with them, although they wouldn't authorise anything else going through. We were in such a muddle at the time we really still don't know what this £19,000 is made up of, so when I heard about the CCA's it was a god send to us!

Also, lloyds have ccj'd him over this 'loan' but we're still paying it off at £125 per month and have been for years.

3/ If I hear nothing back from any of these, do I just stop paying or will THEY take it further? I have read through as many posts as I can regarding the CCA's but I'm still confused by it all tbh and don't want to do anything I may regret at a later point.

Any advice very gratefully received!

Lisa

[lisaf]

anyone?

[lisaf]

I've just rec'd a letter from CSL (the company I sent a cca request to) today saying if I don't pay up, they will send the bailiffs 'round!

Does anyone have a template letter I could send to say this is in dispute as they haven't yet sent the original agreement (12 days not yet up).

Cheers in advance

Lisa

[lisaf]

)))))))bump(((((((

[brecken]

Sorry Lisa I'm not much good at this,

 

Come on there must be someone out there who can help.

 

Good luck.

[Cornucopia]

I've just rec'd a letter from CSL (the company I sent a cca request to) today saying if I don't pay up, they will send the bailiffs 'round!

Does anyone have a template letter I could send to say this is in dispute as they haven't yet sent the original agreement (12 days not yet up).

Cheers in advance

Lisa

 

Hello Lisa,

 

I would send them a letter along the following vein...

 

 

BE WARNED

 

Dear Sirs,

 

Your Ref::::

 

Further to your letter dated xxx, please be advised that the above account is now in dispute. I am awaiting the fulfillment of my CCA request dated .... , as is my right under the Credit Consumer Act 1974.

 

Please be advised that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

 

 

I hope this helps!

 

Regards,

 

Cornucopia:)

[Cornucopia]

Sorry, forgot to ask......

 

have you also issued SAR requests to the creditors? This will provide you with all necessary information relating to your account(s).

 

I do not know much about how Lloyds or their ilk operate, I came by your thread by accident! However, I hope I will be able to help you further with this.

[lisaf]

Hi guys,

thankyou so much for your responses. I haven't sent any SAR's yet but I will do. Cornucopia, i will send them your letter, many thanks for that.

I'll keep you all up to date.

Lisa

[dolly]

Hold on - if you are disputing the account via the CCA route (in other words, saying prove the debt is mine or I am not paying it), then by sending the SAR you are admitting that the debt is yours as you are asking for details of the account.

 

Note: I do not condone using the CCA request route to get out of paying the debt if you know that it is yours....sorry! This is not aimed at you, Lisa, but in general....this issue has been going round the boards for nearly a year now and I just wanted to make my stance clear.

[Cornucopia]

Hold on - if you are disputing the account via the CCA route (in other words, saying prove the debt is mine or I am not paying it), then by sending the SAR you are admitting that the debt is yours as you are asking for details of the account.

 

Note: I do not condone using the CCA request route to get out of paying the debt if you know that it is yours....sorry! This is not aimed at you, Lisa, but in general....this issue has been going round the boards for nearly a year now and I just wanted to make my stance clear.

 

Could I just clarify. I wanted to know if Lisa had initially issued a SAR request prior to issuing the CCA letter. There appears to be an enormous amount of confusion here with who owes what where. I am also unsure as to whether she wanted to try and reclaim charges or not? My motive for posting the letter above was because it is all very well the bailiffs threatening this that and the other, but the fact remains that the account is in dispute under CCA 1974 and they are not permitted to threaten debtors in this manner, they are well aware that a Court Order would need to be sought before "sending the Bailiffs in" and in my view, this is an abuse of power and completely unacceptable.

 

With regard to the CCA route, my own view differs to yours so perhaps best left!

 

Kind regards,

 

Corn

[lisaf]

Hi corn/dolly,

I'm pretty sure I've paid well over the odds for this loan already, so i really begrudge paying a penny more to these people.

Also, i'm more peeved about OH's loan as we've definately been shafted over that one! I think i'll send OH cca aswell now. Honestly not trying to get out of anything but i do think we've paid these 10 times over!

 

Lisa

[Cornucopia]

Hi corn/dolly,

I'm pretty sure I've paid well over the odds for this loan already, so i really begrudge paying a penny more to these people.

Also, i'm more peeved about OH's loan as we've definately been shafted over that one! I think i'll send OH cca aswell now. Honestly not trying to get out of anything but i do think we've paid these 10 times over!

 

Lisa

 

As I thought Lisa, husband's debt at present (£15K) has so far cost us nearly £50K and that is a guestimate.

 

Keep at it hun x:)

[lisaf]

Hi all,

right the updates on these 2 cca's: Basically, I've not rec'd any agreements from any of them at all and it's well over the 12 days now.

Now I'm sort of panicking a bit now as I've just got a feeling there's trouble ahead!

I'm more worried about the OH's one for £14k as that's already been ccj'd. Can they say that as you never originally contested the ccj you are still liable regardless of this non-producing of the cca.

I am just so confused with all of the cca stuff, the main cca thread confuses me beyond belief!

Any help/advice very gratefully rec'd!

Lisa x

[lisaf]

Hi again,

today I rec'd a letter for Oh's £14k loan which said 'thankyou for the £1 you sent, we now want the arrears of £900+ immediately'. Why are they just blatantly just ignoring my correspondence about the cca? I just don't want to shoot myself in the foot here!

Any advice really appreciated

Lisa

[c_allen]

if the cheque was sent with a cca request then I'D write to them saying that as they have blatantly chosen to ignore your LAWFUL request, and acted UNLAWFULLY, you will not pay another penny, and if they want to take you to court, you will use their actions as a full defence and issue a counter claim against them for damages, unless they want to fullfil your LAWFULL request and use the money as stated in your request.

 

I MAY BE WRONG SO I'D GET OTHER OPINIONS BEFORE DOING THIS.

[davefirewalker]

I would have written something like

 

Dear sirs

 

I have made a request under the consumer credit act 1974 s77 / s78 and had enclosed a £1 fee. The fact that you have now cashed this means that you have acknowledged my request.

 

I expect to hear from you in a timely manner.

 

dont give them any clues to timescale etc..

 

they have 12 working days to reply to your first letter. after that they cannot chase the debt until they do produce any documents.

 

carry on any payments until the 12 days is up

 

rgds

Dave

[lisaf]

Cheers for all your advice. Does it matter that this debt has already been ccj'd though? Many thanks in advance

Lisa

[davefirewalker]

Ahhhhhhhhh

 

yes

 

 

if its been to court and you have a ccj there is no time limit on it and it doesnt matter if they porduce the docs or not!!!

Sorry

 

might be wrong though

 

Anyone ??????

 

Dave

[Cornucopia]

Ahhhhhhhhh

 

yes

 

 

if its been to court and you have a ccj there is no time limit on it and it doesnt matter if they porduce the docs or not!!!

Sorry

 

might be wrong though

 

Anyone ??????

 

Dave

 

Hi Dave & Lisa,

 

This is in fact correct, if you did not contest the CCJ or defend, you won't be able to do anything about that now. Did you/your partner actually admit the debt?

 

I wonder if it might be possible have the CCJ set aside on the basis that you were not in possession of all the information. This did not work for TheresHope, but I do think it is worth looking into, different Court, different Judge, different day....if you get my drift.......

[c_allen]

i read in a thread yesterday that someone had a ccj set aside for the reasons cornucopia stated above, month later, i'll try to find it

[lisaf]

Hi Guys, thanks again for all your advice. I know at the time we knew this debt wasn't right but we were just had our heads in the sand in those days! Could I still get an SAR on it though? I would just love to see what it's made up of and go from there.

Lisa x

[davefirewalker]

not even sure about that......thinking about you should be able to.

 

give it a go! the worst that can happen is they'll send your £10 back

 

Dave

[lisaf]

Cheers Dave, I'll give it a go!

Lisa

[lisaf]

Hi All,

 

just updating my thread with a cca for a hsbc cc I sent off recently. The thing is, it is already at court stage (i acknowledged it some weeks back). It was when they sent me the court claim that I cca'd them.

So my question is, what do I do now regarding the claim? When I go onto mcol, it's a bit confusing (not that it takes much)!

I don't want to mess it up at this stage.

many thanks in advance

Lisax

[lisaf]

Just looked on mcol site and I replied on the 21st Oct. and intend to defend the whole claim.

Can anyone give me any pointers on what should go on the defence form and when it should be done?

Many thanks again in advance

Lisax