CCA check

[dmdm85]

I should probably add that my original CCA request was sent via email and did not contain the statutory £1 fee. This was not my intention but when I replied to Wescot's original letter I emailed them stating that before I made any further contact woukd be sending a CCA request and asked them if I needed to send it to themselves or direct to tesco. I then got an email back saying they had requested the credit agreement from the lender and would be in touch. Should I send another one in writing with the £1 fee or am I just likely to get the same reply back? Thanks.

[dmdm85]

Thank you I have sent the document to be checked.

[The Tech Clerk]

webmaster@all-about-debt.co.uk for checking CCAs do not cross anything out

[dmdm85]

Thanks nightwatch yes Di took a look and says there should be more paperwork. Should I still send it in to the checking email address on here or do I not need to if Di has already taken a look at it? I believe there is somewhere you can send them to get checked on here? Thanks again.

[nightwatch]

Yep just ignore.
I know it can be hard to just sit on your hands when you are itching to tell them it is UE, but that's part of the game.
they will tell you you need to pay, indeed they will insist you need to pay, but you don't, but you don't tell them why or they will try and rectify the problem.
was it lack of correct paperwork that deemed it UE?

NW

[dmdm85]

Hi all. My tesco credit card debt was recently passed on to Wescot to deal with so I sent them a CCA request. The forum was not up and running so I sent the CCA I received to Di who kindly took a look and believes the CCA is unenforcable. I have now received another letter from Wescot saying I need to contact them in the next 10 days to prevent further recovery action. I have ignored Wescot up until now but I am now a little unsure if I should continue to ignore them or not? Many thanks.

[Joanna Connolly Solicitors]

PRA they are insisting that my debt is enforceable. I have had it looked at on here and it was believed to be unenforceable. I have dropped payments down to £10 a month just to keep them off my back but they are now asking why I am only paying £10 when I was paying £80 a month before. I have blocked their number now and any contact they make is through email. I am a bit worried about completely stopping payments now as I guess they will take legal action if they are so insistent that the debt is enforceable. I know I should just be ignoring this and stopping payments for now but as I said before I am a bit worried about doing this now

PRA can insist the debt is enforceable all they like, but that doesn't mean it is (read post #4 again).

They are persisting because you are paying them something each month which is less than you used to pay them, so they take the view that they could 'encourage' you to pay more.

I see constant phone calls as bullying - pure and simple.

They can't, or rather shouldn't, take legal action without first sending you a formal Letter of Claim under Pre Action Protocol, which gives you 30 days to consider your options.

One option might me to let me know if that happens

(I've received your email.)

Di

[dmdm85]

Hi thanks for taking the time to reply. I have already sent a CCA request and had Di and also sent it to the CCA check forum on here. They were both of the opinion that it was unenforcable. I also have a letter from PRA when they sent the original cCCA saying they deemed it unenforceable. However the second letter they sent contained some copies of old statements and they are saying that those made it enforceable so just all a bit confusing. Thanks again for your help.

[The Tech Clerk]

PRA would say that regardless

if you are advised to send CCA request then suggest you do so, afraid they might take action? well we have been there worried, it makes no difference if they did as they get stopped in their tracks by no CCA or unenforceable in the end! paying them just in case would show you are vulnerable and they play on it! follow advice here and you will get the confidence to challenge and get a little piece of mind! we have been there and some still are! read around threads and you will see patterns the companies work to and how many company loose outright? have faith in yourself!


CCA Request should you need it:- send Recorded Delivery and keep copy and receipts

[dmdm85]

Hi all just a quick update with regards to PRA they are insisting that my debt is enforceable. I have had it looked at on here and it was believed to be unenforceable. I have dropped payments down to £10 a month just to keep them off my back but they are now asking why I am only paying £10 when I was paying £80 a month before. I have blocked their number now and any contact they make is through email. I am a bit worried about completely stopping payments now as I guess they will take legal action if they are so insistent that the debt is enforceable. I know I should just be ignoring this and stopping payments for now but as I said before I am a bit worried about doing this now. Just wondering what other people would suggest? Many thanks.

[Joanna Connolly Solicitors]

Have you now sent a s77-79 CCA Request to each of your debt owners?

Update your Diary when you get a response from any of them so forum members can suggest your next step - which may be to do nothing..

Di

[nightwatch]

Morning,

a SAR / GDPR is free now
A CCA request needs the £1.00 to make it a formal request, the company then has 14 days to reply. A request is for information only, therefore they shouldn't take any action just because you have asked for one.
if one is not forthcoming the account can be classed as UE. You can then choose not to pay until one is.

NW

[dmdm85]

Sorry forgot to add Di also said about sending an SAR to barclaycard after she saw the CCA they sent me. Do I enclose a £1 cheque with this aswell?

[dmdm85]

Thanks it is really reassuring to have such great advice and support. Sorry I put the wrong remaining balance in the MBNA one so have now edited that. I am just waiting for Di to get back to me to see if she needs me to try and scan the copies of my CCA so she can have a better look at it as the others were just images. I always thought recent debts that were still with the same creditor were not really worth sending a CCA to. I was also unsure on the Tesco one as I have 2 debts with them 1 recent and a CC opened in 2004 and was a bit worried about sending a CCA for the card in case it made them take further action with the loan. I know I am probably overthinking things and going about it the wrong way but I guess that is why I am here and on the MSE forum to get some advice.

[nightwatch]

Thanks, you have made a start to go forward,sometimes that is the biggest step.

Now you need to send a CCA request for the others, maybe not the MBNA account as you only have one payment to make.
Send signed for and enclose the £1.00 fee.
As soon as you receive a reply edit the original post to say what you have received.
just remember we have all been in the same place as you are now, some are still going on with the fight.
We don't deal with the debt for you, but we can give you an idea of what worked for us and what may work for you.
Please have a look at some of the diaries so you can get an idea of what we are about.

At the end of the day the choice of what to do is with you, But we will give you help whatever you decide to do.

NW