Help needed with several CCA's

[Goldlady]

I have CCA'd all my unhelpful creditors and have a mixture of results:

 

MBNA - they couldn't find anything so have gone away

Abbey - seem to be having similar problems

Barclaycard - have sent application form which does not comply - have just written them a letter to say so

LTSB - seem incapable of understanding what I am asking for and now totally in default

Capital One - can't find anything

 

The above are the big debts - the following are all for less than £500

 

Asda card (GE Money) - sent me an application form which definitely does not comply and when I wrote to tell them so they have sent a two page letter which mostly defends their right to process my data under s10 of the DPA - 8 paragraphs about that - and only the first one saying their agreement does comply with the CCA 1974. At this moment I am not too bothered about defaults as I have lots but I am not sure what to do now. Do I have to explain to them what constitutes a valid CCA?

 

B&Q card (GE Money) - have just withdrawn a court claim either because the CCA was invalid or because the DCA didn't follow the civil procedure rules. Now eight months after I initially wrote and offered them £1 per month via the CAB yet another DCA has written and said I can pay £1. Do I pay them the £1 (which is all I originally asked) or not? if I pay them does that mean I am acknowledging the debt?

 

Clydesdale (part of Yorkshire Bank). These lot have continually charged me 2 x £22.50 per month !!!!!!!!! and were the only ones who refused to freeze interest with my original DMP and are the only ones who seem to have found a valid CCA:mad:. As the original debt of about £200 was paying a bill for someone else who then didn't repay me and they are now chasing over £600 I am determined not to pay them another penny. I have already asked for my charges back to no avail and they are on the phone almost every day.

 

My other creditors Those who have accepted the £1 per month payment, frozen interest and been really helpful. I am in a dilemma as I am sure most of them will not have a CCA and perhaps that is why they are being so helpful, but do I CCA them anyway? I supposed I am worried incase the law changes and they suddenly go for the jugular, but also feel that they have been totally fair (unlike so many) and that I should play fair also.

[rory32]

Do I pay them the £1 (which is all I originally asked) or not?

If the agreement is unenforceable that's up to you.

if I pay them does that mean I am acknowledging the debt?

Yes.

I am sure most of them will not have a CCA and perhaps that is why they are being so helpful, but do I CCA them anyway?

That's really up to you to decide, but as they have been reasonable you may one day be in a position to offer them a full and final settlement. If there is no credit agreement then that would put you in a stronger bargaining position.

I supposed I am worried incase the law changes and they suddenly go for the jugular,

I don't understand this statement. Please clarify.

[Goldlady]

Hi Rory thanks for the quick reply! What I meant was if the CCA 1974 is amended so that our current understanding of a valid agreement is made more vague so that these application forms suddenly become enforceable and the amendment is backdated where would that leave us?

[Goldlady]

And I agree with your sentiments about paying the decent ones off in the future which has always been my intention. Thank you for helping me to think straight!

[Curlyben]

As far as Clydesdale are concerned I'd get a SAR in and start reclaiming these unlawful charges.

They'll come back with some story about the OFT test case, but it's worth pushing them on this.

 

As far as the others are concerned, a Full & Final settlement might be in order, but with out CCA compliance they are kind of stuffed anyway.

 

If the creditors are happy and will accept your payments then I'd leave them alone.

Now if they do pass the debt on then the gloves come off.

[rory32]

The CCA has been amended by the 2006 Act, but an application form will always be an application form and the areas of the Act that make an agreement unenforceable even in a court of law (s127(3)) still stand. The 2006 Act is not retrospective, so if your agreement was made under the 1974 Act then it is the sections of the 1974 Act that apply to your agreement.