Hi! CCA request help

**Amethyst** · 4th May 2018, 10:37:AM

Depends what you're converting from, I generally open in Paint and reduce size, or if I'm on the phone, I open the photo and do a screenshot of it, which ends up the right size to upload.

**Amethyst** · 4th May 2018, 11:13:AM

Perfect, you're right, they haven't sent the CCA at all, just a form fill from the application - possibly all BArclaycard has sent them - they might send the CCA later but as the account was opened in 2003 it would be a paper credit agreement so might take them a bit longer than the summary of your details they have sent off their systems.

How much are you paying through Payplan on this one ? Are you considering a reduced full and final offer to settle this?

You could reply and say to them that the documents they have sent do not comply with the CCA or fulfill your request and ask them to do so within 14 days.

You COULD decide to stop paying the debt until they produce the documents ( if they do ) however that could instigate court proceedings as they try to get some security in place for payment of the debt. While they are without the CCA you can defend the case, but if they do find it and everything else is compliant you could be looking at having to arrange a settlement to avoid a CCJ.

**Help82** · 4th May 2018, 11:58:AM

Thank you for the speedy reply. They currently receive £20 a month for this debt. I’ve cleared a couple of the debts on the plans over the past 3 months that we’re just in their few hundreds owing. But it’s doubtful i’d Be able to offer a settlement they would accept. I’m awaiting a cca request from Hoist portfolio in regards to my biggest debt but that was taken out in 2008 (£12000 still owing have paid off £6000 so far over the last 10 years in dmp ) so imagine they will send a recon agreement.

Moorcroft I will continue to pay and wait until they come up with documents. Is it worth sending a reminder letter saying they haven’t provided the documents requested. If I continue pay as normal and they produce documents are they likely to persue court Action?

Thanks again

**Amethyst** · 4th May 2018, 13:42:PM

Have you kept Payplan up to date so they aren't continuing payments to the ones you've paid off and can recalc how much the remaining creditors get?

The letter they sent with that data entry printout doesn't really say it is in response to the CCA request does it.... and I'm not sure what they are putting the account on hold until 1st June for ... had they previously been threatening any further action or trying to get you to increase payments etc.

I think if you're going to keep paying through Payplan I'd write back to them thanking them but that they haven't actually complied with your formal CCA Request and that you look forward to receiving the correct documents, and for the moment you will continue with the previously agreed payments via Payplan. ( really depends what they were asking you for prior to your sending the CCA request )

Hoist, yes I expect they'll send the recon agreement - you might want to do a Subject Access Request with them as well to ensure the payments aren't being lost in interest or anything. Who was the original creditor on that?

Also as you're being organised, I'm assuming you've already claimed any PPI / CPP against any of the debts?

10 years in a DMP seems quite a long time, did Payplan go through other options with you and a DMP fitted best at the time? Have you had regular reviews ?

**Help82** · 4th May 2018, 14:07:PM

Sorry my mistake I have been in debt plan since 2010 - feels likes 10 years though. We’ve had various reviews. This all
started when my husband was made redundant, we had a new baby and just ended up with no income for a while so ended up drowning in debt. The 2008 loan was with HSBC (no ppi on it) and taken over in 2010. I’m just exhausted by how long it’s taking to repay although we had a period 2 years ago whereby we were only paying £5 to each creditor but this increased to £200 a month spilt between creditors.

i suppose I just want to establish what debts are enforceable (probably all of them no doubt) and then concentrate on the ones that are and try to start knuckling down.

All ppi claimed just one that’s with Moorcroft with the ombudsman.

**Help82** · 4th May 2018, 14:27:PM

Apologies for in complete post. They haven’t sent any letters to me for a very long time. It was i that initiated the CCA requests to all creditors as I really want to try and tackle the debts. One day I would just love to breath a sigh of relief at being debt free. It’s just working out how the best approach would be.

intially PayPlan said to enter into an IVA but unfortunately my husband would not agree to it which is a shame as this would have all been over years ago! Only two of the debts are showing in our credit file which will drop off in two years so obviously I don’t want to upset the DCA’s and start getting ccjs

**Amethyst** · 4th May 2018, 14:31:PM

lol, well 8 years is pretty long too...but a simple DMP can give you a decent breathing space to get back on your feet - it sounds like you're there so are ready to start getting things sorted.

It really depends what risk you want to take - if you've been in a DMP for 8 years then your credit file should look pretty clear ( if everything had defaulted before going onto token payments ?) so avoiding a CCJ would be quite important to you?

Generally the older a debt is the more likely it is to not be able to comply with the CCA requests. A consequence of ceasing payments is of course that they might start looking at court action, and of course as you've been paying the debts won't be statute barred. Probably looking at the little ones first is a good idea as if they did start back chasing again you are more likely to be able to come to a f&f or installment agreement to so they don't end up in a CCJ.

The HSBC loan, was that a straight fixed sum loan or are there cards/overdrafts joined up with it?

Do you own your house ?

( oops crossed posts - so you already answered the credit file & CCJ question and why DMP )

**Help82** · 4th May 2018, 15:12:PM

The smaller debts ranging from £ 2000 downwards are Pre 2007

egg card £2457 taken out in 2003 with moorcroft Croft relates to documents above
£1700 Barclaycard (2005)now with link Financial - haven’t responded to cca request yet
£348 Barclaycard (2002) again with link Financial / no response

Hsbc loan £12000 owing taken out in 2008, defaulted 2010 now with Hoist. However the account number they have for it is the current account I had with HSBC back in 1996 and not the loan account. I disputed this many years ago as at one point I had the loan showing on my credit report with HSBC and then again with Hoist but both different account numbers. Nothing came of it and then both dropped off credit report due to the 6 years.

One other debt taken out in 2009 but even though made repayments directly to them didn’t acrually default until 2014 estimated £638 (capital one) it’s now with Fredrick son who have requested cca documents, capital one have replied saying they are not obliged to respond as account closed but fredrickson in their response to my first request state they are the data processors and not data controllers so have asked capital one for documents. Not sure where I stand with that one really!

We dont own our home.

ok so maybe I should wait to see what happens with the cca requests and go from there.

**Amethyst** · 4th May 2018, 15:26:PM

With the HSBC one, they may well, if they do make a court claim, call it an overdraft only, so refuse to comply with the CCA request. It will be worthwhile sending a Subject Access Request to HSBC directly to get all the info they hold ( if you hang fire until May 25th it will be free rather than £10 ). Any idea how much the loan you took out actually was?

As you don't own your home it is a shame about the IVA ( not that I know anything about IVA's btw but like you say it would have been over with a few years back) what's done is done & at least you know your home isn't at risk from any of these debts and really, court would be a bit pointless for the creditors, as you could only really get an installment order of an affordable amount, which could be less that you're already paying via Payplan - they have no option to try and secure it on your house.... likely why things have just run on for 8 years. Of course now your credit file is clearer they'll have an idea you really don't want to have a CCJ ruining it and that's enough of a threat for some.

Anyway, you're in an information gathering stage at the moment, so get everything together and then you can assess it all and make a plan to deal with each.

Oh on Frederickson it sounds like they've confused your CCA request with a SAR. I wouldn't worry. Capital one are quite good at providing agreements though so bear that in mind.

**Help82** · 4th May 2018, 15:52:PM

Thank you so much for your help. It feels quite good getting it clear in my head.

The HSBC loan was for £15000 which I paid monthly until it defaulted in 2010 and ended up defaulting at around £18000 for some reason. When I set up the dmp my current account was clear ( no overdraft facility) however HSBC still tried to take the loan money from my account ( by this time I had opened a new bank account ) and charged me £25 each month, then I was getting charged for being overdrawn. I remember being overdrawn by £187 within two months because of charges. I sent an email to dmp to please help me as I didn’t understand why HSBC were still trying to take the money from the current account when I had set up the dmp. It was a case of HSBC hadn’t at that time responded to the dmp.

I’m not entirely sure why Hoist have it as a current account perhaps because of the unauthorised overdraft?

**Diana M** · 7th May 2018, 14:06:PM

Originally posted by Amethyst View Post

you're right, they haven't sent the CCA at all, just a form fill from the application - possibly all BArclaycard has sent them

Originally posted by Amethyst View Post

The letter they sent with that data entry printout doesn't really say it is in response to the CCA request does it.... and I'm not sure what they are putting the account on hold until 1st June for

Where are the documents which the OP was sent? I can't see them on the thread or am I being silly

Di

**Amethyst** · 8th May 2018, 05:56:AM

They're unapproved as they may be identifiable of the OP. It is literally just a screen print of an internal database showing the OPs details, likely taken from an application or agreement, and entered onto an internal database, but not either the application or agreement.

**Diana M** · 8th May 2018, 07:56:AM

Originally posted by Amethyst View Post

It is literally just a screen print of an internal database showing the OPs details, likely taken from an application or agreement, and entered onto an internal database, but not either the application or agreement.

The database entry suggests it may have been an online application, and depending on what date the account was opened that may be sufficient to satisfy the 'information purpose' of s.77-79 CCA.

There was also a letter (with reference to the account being put on hold until 1st June?) which may contain some clues. The devil is always in the detail.

However I haven't seen either document so can't reliably comment.

Di

**Amethyst** · 8th May 2018, 07:59:AM

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Hi! CCA request help

Hi! CCA request help

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