Help with CCA please

[surviving]

Hopefully I'm posting in the right section because I seem to end up in all sorts of places

I have been chasing some PPI from a creditor and they've phoned me and said they will write with the outcome. In the meantime I sent off for a CCA. Today I received a letter enclosing a reconstituted CCA, with my name and address but no date or signature... goes back to 2006. They have also sent my 'new credit agreement' which has none of my details on it at all.I am sure there is no original CCA. I was wondering - if this turns out to be UE and I am due some PPI back, is it worth offering the PPI amount against my total debt as a F & F??

Thanks

[pompeyfaith]

Re: Help with CCA please

Surviving,

Well if it was me I would treat each issue separately why you may say well if the PPI was missold that is a financial wrong and the only way to put that wrong right is to redress you.

I take the hard-line on Missold PPI because this was a money machine purely to inflate there profits and in many if not all, consumers were treated very unfairly.

So in short deal with that first and get your money back then you can deal with the technicalities of the CCA.

Regards

[oscar]

Re: Help with CCA please

Agree with PF - the lender could refund your PPI calim against the outstanding balance - there are many lenders that do this regardless.

Therefore you would still have a balance and I doubt they would accept the refund as a f&f payment

[pompeyfaith]

Re: Help with CCA please

the lender could refund your PPI calim against the outstanding balance - there are many lenders that do this regardless.

Yes they can if the account is in arrears,however if it is upto date you can insist that it is returned to you because it is monies that they are not entitled too.

[caspar]

Re: Help with CCA please

As regards the CCA request, they are allowed to send you a reconstituted agreement and it does not have to be signed. However, it should have the terms and conditions as they were when you took out the agreement and any updated ones, this may explain the new credit agreement.

Did your CCA request letter ask if they held a true, signed, original copy. If they do not have this, they cannot take you to court for the debt, so it is currently UE.

[MrsD]

Re: Help with CCA please

Hi Surviving

Not a bad idea to upload the cca you received to Niddy so that he can have a look, then you will know for definite if what they have sent you is UE or not. from my reading of the first post, you don't actually know if the money is coming to you or going towards the balance yet. I don't need to tell you not to sign anything faintly resembling a "new agreement"? If they sent the money directly to you (fingers crossed), you could then offer a meagre f&f to get rid of this one. Anything else, let us know what you need. Is this a certain shop that also works on the interweb?

[surviving]

Re: Help with CCA please

Thank you all for your helpful replies. I hadn't thought about them deducting it from the balance... Doh!

I did ask for an original copy and do know they haven't got one - as yes it is a ' certain shop'...! I will chase up the PPI, and ask Niddy if he'd mind taking a look at the agreement anyway, then I'll know where I stand and can keep it on the back burner until the PPI is sorted!

Hiya Dopey, yes, there is no way I'll be signing anything.!!!

Thanks folks,

Hope you all have a good day!

Surviving

[surviving]

Re: Help with CCA please

Hi again,

just been reading Mr Boombazitics posts re Very -Shop Direct...my thinking before was to get some PPI back and offer that as a F & F. But as you rightly say, they will just deduct it. Am I just delaying things asking for my PPI back and should I just try UE instead if the end result is the same? (don't want to contradict your advice pompeyfaith - just trying to understand the ins and outs)

Thanks

Surviving

[MrsD]

Re: Help with CCA please

without a doubt, if your debts are pre 2007 UE is probably the fastest way, doesn't make it the easiest way, but once the defaults have dropped off you are essentially clear because the account as well as having no default, will be statute barred.

its a decision only you can make, but hey we've had this conversation before!

[surviving]

Re: Help with CCA please

Thanks evenlessdopey,

we certainly have had this conversation before and I'm still going round in circles, dipping my toe in the water as the rest of my DMP is going well, which is why I was hoping for an F & F route on this one.

Surviving

[MrsD]

Re: Help with CCA please

Ah i see your cunning plan!!!

unfortunately I think they pay most PPi claims towards the debt, worth asking Di as she has loads of knowledge about PPi.

[surviving]

Re: Help with CCA please

Cunning but Carp as the money will go towards my debt.!

Di has been helping me with the PPI and has been a great support. When the CCA came back she suggested I check that part out.

So, in view of the smooth running DMP, I can continue with the PPI and continue with a smaller debt or look into the UE further and maybe offer them a small F & F anyway if it's UE?

Thanks

Surviving

[MrsD]

Re: Help with CCA please

sounds like another plan!!
if you could f&f it before the ppi comes through, you'd then get the ppi back to you??

worth a shot?

[pompeyfaith]

Re: Help with CCA please

Surviving,

You will find these threads useful:

http://forums.all-about-debt.co.uk/showthread.php?t=236

http://forums.all-about-debt.co.uk/s...ead.php?t=2365


These explain the for and against of going down the full and final route

Regards

[surviving]

Re: Help with CCA please

Well I'd be happy just to get rid so will think on that one. So, let's go! My letter asked for a copy, not a signed, original etc, so what is my next move, write back asking for that?

Thanks

Surviving

Thanks Pompey, I'll have a read.