Credit application form received as a CCA, what should I do

[Temmy99]

Hi everyone. please I need some help. Having requested for a CCA over a year ago for a MBNA card taken out in year 2000, Wescot's Solicitors who currently have the debt have sent me a copy of my application form. I wrote back to tell them that what they sent is not the agreement and the response i got was 'please be advised that the document provided is the Agreement and Application amalgamated into one document'. How is this possible? I am confused now. How can I respond to this. I will appreciate any help in this. the last payment made to this debt was in 2016, account defaulted in 2006

[redstar]

It depends on how you applied some applications contain the agreement subject to approval ask for full data subject access request so they give you all information on the account all correspondence etc

[Temmy99]

It depends on how you applied some applications contain the agreement subject to approval ask for full data subject access request so they give you all information on the account all correspondence etc

Hi there, thank you for this does it matter that the debt is not with the original lender. I mean wont asking for a full SAR be opening a big can of worms. I am so worried now

[redstar]

Sorry it does not matter the DC own and are responsible for it now I ' m afraid why are you afraid of dsar? There maybe another way of looking at this just briefly no personal info but why do you not want to know full account info it may help you. The DC already have it so it is not opening can of worms Tell us more so we can try and help you

[Temmy99]

I have been unemployed for quite a number of years and have had a number of debts when I lost my job in 2006. I had been in a DMP since then up until around 2015 and this has kept the creditors of my back. when i could no longer afford the DMP, I went solo and was paying the minimal £1 to each of them but even that was a struggle, I almost reached rockbottom. Thanks to this site and Debtcamel. the requesting of the CCA made almost all of the debts unenforceable and i was able to start breathing. This debt is one of the bigger ones at just over £5,000 and the thought of being taken to court and the harassing phone calls and letters are making me ill. That is what I am afraid of. I hope to start a temporary job soon after all these years but wont they be wanting all my salary? I know I owe them but things are just difficult at present

[redstar]

Things can only get better.
DC do not need to know about your future as currently unemployed currently you have NO disposal income. Send them copy of what you view income expenses is rent or mortgage food electronic gas propose you pay them even if income left means they get 50 p per month realistically they have no way of getting debts back which incidentally they will have bought for pennies.
They may threat ccj but even if you have own home or car the costs involved and gamble of getting anything would mean they would actually have to enforce ccj .

Unless you had equity in property. Dc can credit check abhorant even statued barred they do but ironically can't do much with the info other than risk evaluation. So if you have equity etc do not say or declare on income and mental health.


If you are NI they would have to pay to transfer to Eoj which few if ever do for many reasons... In NI they have to get police etc which isn't always erm straight forward ..


Assuming you are in England do not cave send income and expenses list what you can pay back whether 5 pence or ,50 pence and state no assets if no assets eg no equity say you rent etc have no of car or on hp so cannot be claimed.

In essence if true make it abundantly clear you have nothing worth selling nothing for them to claim and no squeezable income

If you have assets it's doubtful depending on debt to their costs they would actually enforce anyway.

Tip they allow no real expenses for pets mobiles TV etc so make sure you are realistic food rent or mortgage electronic gas probably takes you to the hilt of benefits.. anyway .

Do it asap and it's current situation DO Not Tell them your income may change !!! You may not get job and if temp not a valid projection of salary so go by current hopefully you will get job but it is none of DC's business currently you are unemployed you have no obligation to tell them otherwise.

I would say they will write off or accept offer of pennies a month subject to review every so often

If reviewed you simply say anxiety cannot go through it affecting health refuse new income disclosure and stick to offer of pennies a month

Be strong you have a genuine case so do it and .. breath

Try and do it this evening or tomorrow and get them off your back

Best of luck things will get better and hoping best for you x

Ps let us know how it goes

[Temmy99]

Thank you for this, it has made me feel so much better. I do not have any assets and all the house bills are taken care of by my partner. The benefit we receive goes towards putting food on the table. I will keep you posted. Thank you for taking the time to respond to my post. I really appreciate this

[Temmy99]

redstar Thank you so much for your advice. I have just spoken to them this morning and they have agreed to accept my offer of a £1 each month and have said so long as the payment are kept up they will not be making any other contact with me and their clients will not look to pursuing Court action. This is such a relief. Thank you, thank you, thank you so much