Help need on which way round to do things please?!

[HouseOfCards]

Good Morning

 

I have a bunch of credit cards, some of which have recently defaulted, but not yet been sold on to DCA's. What I intend to do is send CCA's to all of them, but I also have charges to reclaim off them. Can I do both letters at the same time? Or is it best to do CCA then claim charges, or vice versa?

 

I don't intend to arrange re-payment plans until they have complied with the CCA - is this the best thing to do or should I send them token payments in the meantime?

 

Your advice, as ever, is so much appreciated - this site has changed my life

[ladybird17]

IMHO I would CCA them first - if they can't supply original executed agreement then the debt becomes unenforceable - and then you can make a decision from then on. Once you have CCA'd the account is "in dispute" (and I would put this in letter that you are oficially disputing), and then they can't chase or sell on.(well, not supposed to anyway!)

[HouseOfCards]

IMHO I would CCA them first - if they can't supply original executed agreement then the debt becomes unenforceable - and then you can make a decision from then on. Once you have CCA'd the account is "in dispute" (and I would put this in letter that you are oficially disputing), and then they can't chase or sell on.(well, not supposed to anyway!)

 

Thank you for your reply - I'll get the letters done today

 

Has this copy got everything I need to say?

 

Dear Sir/Madam,

Re - Account number: XXXXXXX

 

I do not acknowledge any debt to your company

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

The enclosed payment is not to be used to reduce any alleged outstanding balance.

I understand a copy of this credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

[HouseOfCards]

Also, I'm sure I read somewhere that it was ok to send a £1 stamp instead of a postal order - would this be ok?

 

I CCA'd First Direct (credit card debt) a couple of months ago, and received a copy of an application form I had filled in for their BANK ACCOUNT (which I closed ages ago), with a box ticked stating that I was interested in receiving info on their credit card

[HouseOfCards]

Sorry to be a pain, but can someone please confirm that I've got the CCA letter right and that it states everything that I need to say. Then I can start printing!

[ladybird17]

Yes it looks fine (I might change the last bit to read copy of the original executed agreement- & you can send payment in whatever form you like.

[HouseOfCards]

Yes it looks fine (I might change the last bit to read copy of the original executed agreement- & you can send payment in whatever form you like.

 

Fantastic - thank you so much - I'll keep you posted