Signed for CCA's

[Duffers Mum]

Sainsbury's and Barclaycard have both signed for the CCA requests I sent although the cheques haven't gone through yet. Do I take the 12 working days from the date they signed for the letters? Also if they don't comply within that time, is it 30 days (not working days) after that they would be unable to enforce the debt? If that happens what should I then do, I am paying reduced payments, but Sainsbury's refuse to stop charges and interest and Barclaycard just ignore what i've written and keep asking me to ring them! Any advice greatly received as always - thanks

[pt2537]

Ok, they have 12 working days from when they recieve the CCA request, normally the bench mark used is 12 working days plus 2 for postage but as you now can see they have recieved the CCA request they have 12 working days. if they dont reply with an executed copy of your agreement within the 12 working days then on the 13th day you can say sod off and not pay them any more as they are in default and the debt is at that point unenforcable. the 30 calender days plus the 12 working days you refer to is the point where they commit a criminal offence which trading standards can prosecute them

 

basically if they dont reply within the 12working days, after the 12th working you dont have to pay them until they provide you an executed copy of the agreement

 

i hope this helps

regards

paul

[pt2537]

i also wanted to add at the point when they enter into the default situation they are not longer allowed to add any charges or interest to the account while the default continues

[Duffers Mum]

I'm happy to pay them what I can afford, but don't see why I should pay them if they won't stop charges and interest, however I now have no intention of making it easy for them, as they haven't for me! I'll wait and see what happens next! Thanks for the advice

[pt2537]

I agree totally, if htey dont comply then you can use that to set the payments at the level you want and not what they say!!

 

i would wait and see what they send you (if anything) and take it from there. atleast if they dont have a signed credit agreement then it gives you total control.

 

incidentally, have they added charges to the accounts in the past? if they have then you could look at getting the charges offset against the balance. that way it will bring the amount owed down (although if they dont comply technically you wouldnt owe them anything)

 

regards

paul

[Duffers Mum]

I've been a model customer on all my debts up until now however situations change and all I was asking for was 12 months reduced payments and then hopefully I'll be in a position to either start normal repayments or offer them a full and final settlement, but they continue to be greedy, so both of these companies will be at the bottom of the pile when that time arrives. Marks & Spencer have been brilliant, no quibbling, stopped interest and charges immediately and said they would review in 12 months - they can do it if they want to!

[Duffers Mum]

Both Sainsburys and Barclaycard have now cashed my cheques but after reading on here I'm worried that perhaps I shouldn't have used cheques in my own name, I presume this is because they might copy the signatures and append them onto documents - is my thinking correct? My only saving grace might be that I have a feeling both of these cards may have originally been taken out in my maiden name. Also what happens if they were on line applications, because surely you don't sign those? Any advice gratefully received as always