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no rely to cca - what next?


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HI all

 

first thanks for all your brilliant help and support in the past. I dont know where we would be without this site.

 

My hubby has unsecured debts (loans/ credit cards) to the tune of 42k. We spoke to national debtline and took advice from here, sent off the letters asking for reduced payments with budget sheets back in Feb 2007.

 

All but 2 of the creditors (natwest and Barclays) accepted. Natwest, said we were spending too much on travel, housekeeping and phones? But they have only responded in the last 4 weeks. Barclays just ignored us, (several letters sent recorded) and sent the debt to Mercers. We have contacted mercers by letter (recorded) and so far they just keep sending the 'we are coming to get you' letters. So after feeling very peeved, we have sent Natwest and Barclays a CCA request. The 12 days are up today, so

 

1. Am I right in thinking we should just stop paying them now until they come up with it? ( we had previously been paying what we could afford as per the budget sheet while we waited for them to agree)

 

2. The 6 months review period is due soon for us to send the other creditors a new budget sheet. While they have been fine and accepted our offers, they have defaulted my hubby, and his credit rating is pants. (we did expect this!!) Should we CCA these creditors too?

 

3. Should the creditors fail to produce the required info as per the CCA request, can we ask them to remove the defaults?

 

4. How long should we wait after the 12 working day period following a CCA request before we make a full and final settlement offer? ( I am selling my car)

 

I know thats loads of questions, but your help is invaluable and gratefully received

thanks

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1 Yes you can, I have always dropped them a line at this point. Here is my letter you have ignored, accordingly I have suspended all payments. Would suggest you put the cash to one side incase they produce one at a later date.

 

2. CCA them all definitely.

 

3. Yes you can but they will not rollover, in my experience and will be a longer fight.

 

4. Without a credit agreement they have no recourse through the courts to claim any money from you. So I would have to ask why would you make an offer to settle the debt?

 

Finally any "credit agreement" that anyone sends you may or may not be enforceable and that is another thing to consider when you get an agreement.

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Agree with the above but do remember this will take time to come to any kind of a head but don't rush in with settlements and things, it is a process and the longer they don't comply with the CCA request the better for you, send the letter sit back and see what they come up with.

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Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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If you do ever get something that is supposed to be a credit agreement scan it and post it on here if you can. There's usually something wrong with them.

 

Remember to remove all personal details first.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just to add - after you send a CCA request, it's 12+2 working days until they're in default and then they have another 30 days (calendar month) until they are in, what i believe is termed criminal default. People often advise that the longer they fail to produce, the better. If you make a formal complaint at any point it will add more weight to it.

 

Hope it all works out well :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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