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Can anyone help with this?


Monty2007
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I have already posted three times............

 

I am in the position of:

 

(i) OC issued default notice in June 2005, I had missed payments due to redundancy

(ii) I was unable to remedy the default conditions

(iii) The debt was placed with a DCA, I paid token payments then £700 per month for 18 months.

(iv) OC confirmed that the CCA was terminated as I had breached their T&C's and they had correctly served a default and hence they would not correspond with me anymore. Must go through DCA.

(v) In June 2007, CCA'd OC and DCA. No CCA produced - Default

(vi) Just had confirmation from Experian that NO defaults are registered on my credit reference files, only missed payment markers.

(vii) Debt now passed to solicitors, have suggested reduced settlement as a gesture of goodwill?

 

If the OC has NOT registered the default with the CRA where does this leave me in respect of their cancellation of the contract? Any suggestions on my approach?

 

What settlement should I go for?

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If no-one has produced a CCA for you... then the account is still in dispute and no further action can be taken. Sounds llike the solicitors may be trying it on with a "gesture of goodwill"..... as without an enforceable CCA, they would not be able to pursue this through the courts anyway.

 

You have 2 choices however....

 

You can either offer your own, greatly reduced Full & Final Settlement to the solicitors, pointing out that the account is still in dispute (non-compliance of CCA request).... or, you can write something along the lines of :

 

Thank you for your letter of xx/xx/2007.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by your client on xx/xx/2007. Until such times as they are able to comply with this request, the above accounts remains in dispute, unenforceable and no further payments will be made.

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If no-one has produced a CCA for you... then the account is still in dispute and no further action can be taken. Sounds llike the solicitors may be trying it on with a "gesture of goodwill"..... as without an enforceable CCA, they would not be able to pursue this through the courts anyway.

 

You have 2 choices however....

 

You can either offer your own, greatly reduced Full & Final Settlement to the solicitors, pointing out that the account is still in dispute (non-compliance of CCA request).... or, you can write something along the lines of :

 

Thank you for your letter of xx/xx/2007.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by your client on xx/xx/2007. Until such times as they are able to comply with this request, the above accounts remains in dispute, unenforceable and no further payments will be made.

 

Thanks P1. I have done both so they know I am serious in terms of the CCA request which I don't think they have since NCO ran away from this one. I have made an offer for settlement that includes the removal of the CRA markers that have had a detrimental effect on my credit rating.

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Ok.... In that case, make sure that your offer of a Full and Final Settlement is accepted in writing before making that payment... and also, make sure it is low enough to reflect the whack of charges that would have more than likely been applied to the account before it was transferred out for collection.

 

:)

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