Where to CCA's

[vossy]

I need to get CCA's on some debts I am paying, all date back to 2000/20001, I have the template ready but just need a little advice of where to send.

Capquest on behalf of Egg but payments still made out to Egg - so I presume Egg own the debt - where are Egg now?

Wescot on behalf of Goldfish

Debt Managers on behalf of Barclaycard

MBNA who I paid off, but still going to send for CCA - can I get my money back? Over 6k.


and 1st Credit brought a debt off Bank of Scotland and took me to court for it in 2007, if I wanted to see the original CCA what chance do I have - and who from?

Does any of this make sense?

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[Fred Bassett]

Re: Where to CCA's

I need to get CCA's on some debts I am paying, all date back to 2000/20001, I have the template ready but just need a little advice of where to send.

Capquest on behalf of Egg but payments still made out to Egg - so I presume Egg own the debt - where are Egg now?

Wescot on behalf of Goldfish

Debt Managers on behalf of Barclaycard

MBNA who I paid off, but still going to send for CCA - can I get my money back? Over 6k.


and 1st Credit brought a debt off Bank of Scotland and took me to court for it in 2007, if I wanted to see the original CCA what chance do I have - and who from?

Does any of this make sense?

.

CCA requests need to go to whoever is chasing you. Some of them won't like it and and will try and fob you off, telling you to write to the original creditor, but don't let this happen - it is their responsibility.

If they don't respond within a certain period you can withhold payment - although that would be your choice. It's best to wait and see what happens and what they come up with. There is a very good possibility that from 2000/2001, either they won't be able to come up with anything at all, or what they do come up with will be a big steaming pile of dung.

Regards.

Fred

[vossy]

Re: Where to CCA's

Barclays own Egg since last year.

If you want to reclaim PPI from MBNA you'll need to send a SAR to get all your statements. If it's paid off a CCA request won't do any good.

Did 1st Crud get a CCJ against you when they took you to court?

MBNA paid off.

1st Crud did get CCJ, and I am paying a monthly court agreed amount.

.

[vossy]

Re: Where to CCA's

CCA requests need to go to whoever is chasing you. Some of them won't like it and and will try and fob you off, telling you to write to the original creditor, but don't let this happen - it is their responsibility.

If they don't respond within a certain period you can withhold payment - although that would be your choice. It's best to wait and see what happens and what they come up with. There is a very good possibility that from 2000/2001, either they won't be able to come up with anything at all, or what they do come up with will be a big steaming pile of dung.

Regards.

Fred

If they can't produce a CCA or the CCA is incomplete can it be deemed UE even though I am paying amounts now?

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[Fred Bassett]

Re: Where to CCA's

If they can't produce a CCA or the CCA is incomplete can it be deemed UE even though I am paying amounts now?

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If they can't produce any kind of agreement at all, they are stuffed. The chances are that, from that period, they may not have an enforceable agreement either.

What you might, probably will, get, is a 'reconstituted' agreement. They are allowed to do this in response to a CCA request, but it will not be good enough if they take you to Court. Best thing to do is just wait and see what they send and then post it up on here for others to judge. I'm not sure of all the correct procedures on this board so I'm sure somebody will advise you accordingly.

Regards.

Fred

[vossy]

Re: Where to CCA's

You could still reclaim if you had PPI. You'll need to SAR them ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Typical Request
Di30 is our reclaims specialist. You may want to post on the Reclaiming board --->Reclaim Credit Card PPI - allaboutFORUMS if you're planning on reclaiming.

A CCJ supercedes the agreement (CCA) you had with your creditor. The idea behind UE is to avoid a CCJ in the first place so it's a bit late for that on that one.

Agreements don't normally get posted on this board, once you get them, you have to email them to Niddy or upload them to the secure area that only yourself and Niddy can see.

Niddy is a top-notch CCA guru! He knows exactly what to look for in any agreement or recon they may send.

Thanks, no PPI on any of these.

Shame about the CCJ one, it will take 70 years to clear that one - can they go back to court at any time to change that? They do write nice letters occasionally asking if I wish to settle for 50% of the balance though - always filed neatly in the shredder!

I will CCA the others and see what comes back, still 9k tied up in those.

Thanks

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[jon1965]

Re: Where to CCA's

Can I just add, that starting the UE route is hard work, well for me it was but thats's cos I have lots and lots of creditors but Niddy is excellent at giving advice , as is Ms Flower and cleverclogs, when he has a serious moment. If you can afford it I would special delivery your CCa requests as some of mine say they haven't been delivered but who knows.
There seems to be some confusion over CCJ's. I have one from 1996 with Barclays and when I called them (slapped wrist) they said that they couldn't go back to court to enforce it but if I stopped paying then they would pass it on to a DCA. That may be one for a court, maybe I will make it a project to find out the exact legal standpoint. If I do I will let yo uknow
I suspect Flowerpower is correct and as I was only paying a quid a month I may well carry on as it is for £1600.

[vossy]

Re: Where to CCA's

If you can afford it I would special delivery your CCa requests as some of mine say they haven't been delivered but who knows.

I always send recorded delivery so there is no confusion at a later date.

There seems to be some confusion over CCJ's. I have one from 1996 with Barclays and when I called them (slapped wrist) they said that they couldn't go back to court to enforce it but if I stopped paying then they would pass it on to a DCA. That may be one for a court, maybe I will make it a project to find out the exact legal standpoint. If I do I will let yo uknow
I suspect Flowerpower is correct and as I was only paying a quid a month I may well carry on as it is for £1600.

Ist credit took me to court very quickly indeed, they had indeed purchased the debt from BOS, they refused my initial offer of payment and then one day they phoned me, asked about my circumstances etc (this was before I was enlightened by this site, 2007) and then she asked me to reduce my mortgage payments to pay them more, I asked her to repeat what she said and she did, I asked if they were recording this call and she said "certainly we are", I asked for her name and said "you can't ask me to reduce mortgage payments to pay you", "yes we can, you owe us money" she said, I just hung up at this point and put pen to paper asking for a copy of the telephone call under the Data protection act, the reply I got was that the operator point blank refuted what I had said and that they had no recording of the call, this geezer then went on to say that my offer was derisory and that he will instruct HL to bankrupt me then take me to court for the money then push for a charging order which they will enforce and I will have to sell my house, I telephoned said git and just said "ok, get on with it" I had spoken with National Debt Line at this point. County Court papers arrived, I sent off my defence and offered the same amount of money (£5.00 a month), court accepted and here we are today 5 years on and about 69 to go.

The others have accepted the original (tiny) payments and I have been paying for 6 or 7 years without hearing a peep from them.

This is why I thought I would run each of them for a CCA.

Hope this makes sense - it's late and I must admit I'm a bit pissed

[jon1965]

Re: Where to CCA's

...but well worth it!
No pain no gain!

Indeed and gives a great sense of achievement when you can tell them to go boil their heads

I think Jon meant Special Delivery a.k.a. next day, apparently there's a difference on the way signatures are required for either service. Recorded delivery items can be bulk signed while Special Delivery have to be signed by the addressee.

Yes I am having some difficulties with a few addresses where they are not getting signatures. In the process of ripping a piece off the post office. Saying that I am getting replies from letters that "haven't" been delivered


P.S How's the head

[vossy]

Re: Where to CCA's

Indeed and gives a great sense of achievement when you can tell them to go boil their heads


Yes I am having some difficulties with a few addresses where they are not getting signatures. In the process of ripping a piece off the post office. Saying that I am getting replies from letters that "haven't" been delivered


P.S How's the head

LOL, head is fine thanks Jon,I was just messing around on the internet and drinking at the same time, not supposed to because of my meds but I was depressed, I will send off the CCA requests today but will leave 1st crud alone as it was a CCJ anyway.
MBNA I paid off (foolish I know) but I did win almost a grand off them in charges after they accepted only 50% of my original account, serves 'em right for letting me have a 12k limit

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[Never-In-Doubt]

Re: Where to CCA's

There seems to be some confusion over CCJ's. I have one from 1996 with Barclays and when I called them (slapped wrist) they said that they couldn't go back to court to enforce it but if I stopped paying then they would pass it on to a DCA. That may be one for a court, maybe I will make it a project to find out the exact legal standpoint. If I do I will let yo uknow

Ok, there is no confusion but I will try and explain for you, based on your personal position....

If you have no assets, ie you don't own your own home then fine - a ccj is as worthless as a default notice in that if you don't pay, there aint that much they can do. However that said, once they have obtained this default judgment then you physically cannot CCA them as that is a waste of time. A CCA request and UE only affects accounts before judgment, we use the rules within the Act to stop them obtaining judgment. So once they have it, that's that.

Yes, they can go to court and enforce it if they wanted, however enforce it on what - assuming you do not own your house? That said, all they could do now is apply for a charging order assuming you DO own your own house at which point we could then possibly look at using CCA to apply for set-aside of any enforceable action.

It gets complicated but to keep it simple, if they have CCJ'd you and you don't pay and you have no assets - then why are you paying? If on the other hand they ccj you and you have a house, you need to weigh up if it's worth cessation of payment to allow them to attempt to enforce thus giving you a chance to stop it by applying for set-aside (ie deemed unenforceable by a judge - even though they'd retain a ccj; but you could just say bollocks, im not paying as you already know the judge has said it is ue) - but that is oh so very risky and not something I'd do.

If they demand too much repayment within a ccj then you can request a redetermination at any time.

Hope the above helps explain it better,

[vossy]

Re: Where to CCA's

Ok, there is no confusion but I will try and explain for you, based on your personal position....

If you have no assets, ie you don't own your own home then fine - a ccj is as worthless as a default notice in that if you don't pay, there aint that much they can do. However that said, once they have obtained this default judgment then you physically cannot CCA them as that is a waste of time. A CCA request and UE only affects accounts before judgment, we use the rules within the Act to stop them obtaining judgment. So once they have it, that's that.

Yes, they can go to court and enforce it if they wanted, however enforce it on what - assuming you do not own your house? That said, all they could do now is apply for a charging order assuming you DO own your own house at which point we could then possibly look at using CCA to apply for set-aside of any enforceable action.

It gets complicated but to keep it simple, if they have CCJ'd you and you don't pay and you have no assets - then why are you paying? If on the other hand they ccj you and you have a house, you need to weigh up if it's worth cessation of payment to allow them to attempt to enforce thus giving you a chance to stop it by applying for set-aside (ie deemed unenforceable by a judge - even though they'd retain a ccj; but you could just say bollocks, im not paying as you already know the judge has said it is ue) - but that is oh so very risky and not something I'd do.

If they demand too much repayment within a ccj then you can request a redetermination at any time.

Hope the above helps explain it better,

Thanks NID, I do indeed have a mortgage (joint) and I have never missed a payment, the ccj - I always expected a charging order but it has not been mentioned since the judge said pay the £5 a month, and I have never missed that either, so really I don't think I will rock the boat with them.

The rest I think will be worth a CCA though. (Except MBNA)

Thanks to all, maybe another shot or two tonight and some late night surfing again

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[Never-In-Doubt]

Re: Where to CCA's

Hmmm, I agree if you have judgment then carry on paying.

You mention not mbna - why not (sorry may have missed it)...?

[jon1965]

Re: Where to CCA's

THank you for clearing that up Niddy, I was getting confused...not difficult

[vossy]

Re: Where to CCA's

Hmmm, I agree if you have judgment then carry on paying.

You mention not mbna - why not (sorry may have missed it)...?

I paid MBNA off some years ago.

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