cca, what to do after the 12 days

**Amethyst** · 14th November 2010, 21:04:PM

Re: cca, what to do after the 12 days

Keep up the £25 payments while you communicate with the banks and until you get the cca's or confirmation that they do not have them, else you risk the banks taking you to court.

Are the debts credit cards or loans ?

Are the debts still with the original creditors on your repayment arrangement (or with DCA's?)

Once they have passed the 12 days you can send them another letter to remind them of your request and the law obliging them to respond.

**WendyB** · 14th November 2010, 21:05:PM

Re: cca, what to do after the 12 days

We would always advise people NOT to stop payment until you are absolutely certain that the CCA is unenforceable. Whcih at themoment is very dodgy ground as many people cases have ended up in Court after stopping payment and being defaulted, then lost the case and been ordered to pay and possibly even ended up with charging orders on their homes etc. Yes, technically you could withhold payment but I wouldn't recommend it. How are you getting on with the PPI reclaims? And for what reason have you sent CCA requests, what outcome are you hoping for in all of this.

**bullring57** · 15th November 2010, 22:37:PM

Re: cca, what to do after the 12 days

[quote=Amethyst;184314]Keep up the £25 payments while you communicate with the banks and until you get the cca's or confirmation that they do not have them, else you risk the banks taking you to court.

Are the debts credit cards or loans ?

Are the debts still with the original creditors on your repayment arrangement (or with DCA's?)

Once they have passed the 12 days you can send them another letter to remind them of your request and the law obliging them to respond.[many thanks amethyst i will send them a reminder when the 12 days is up, the debts are with the lloyds well over 6 years old,one was a loan and the other one was just an account, the other was a barclays credit card also a capital one, i did get my charges back in full with barclays,but capital one would only give me a part of the total sum,and the lloyds well they say they can not find any details,but with the loan they did offer me just under a thousand pounds for the ppi,the loan was a £3000 loan,but they wanted to deduct that from the total i owe them,but i dont want that i want them either to wipe the debt off,or give me the money by cheque,but they wont do either,this has been going on for over 12months,i wont give up, i have helped other with their ppi and bank chargesi love doing that, thats why this site is a god send and i will be telling everyone about it. ]

**WendyB** · 15th November 2010, 22:49:PM

Re: cca, what to do after the 12 days

Originally posted by bullring57 View Post

but with the loan they did offer me just under a thousand pounds for the ppi,the loan was a £3000 loan,but they wanted to deduct that from the total i owe them,but i dont want that i want them either to wipe the debt off,or give me the money by cheque,but they wont do either,]

with all due respect that's hardly surprising is it? They are hardly likely to send you a cheque when you still owe them money are they? It is usual when there is a balance outstanding for any refund to be deducted from that balance.

Thats like saying "I owe you money and you owe me money. Instead of netting it off I want you to pay what you owe me but I don't want to pay you what I owe you"
somehow I really can't see them going for that one.....

**bullring57** · 15th November 2010, 22:52:PM

Re: cca, what to do after the 12 days

[quote=WendyB;184316]We would always advise people NOT to stop payment until you are absolutely certain that the CCA is unenforceable. Whcih at themoment is very dodgy ground as many people cases have ended up in Court after stopping payment and being defaulted, then lost the case and been ordered to pay and possibly even ended up with charging orders on their homes etc. Yes, technically you could withhold payment but I wouldn't recommend it. How are you getting on with the PPI reclaims? And for what reason have you sent CCA requests, what outcome are you hoping for in all of this.[ many thanks wendy for your reply,i will keep the payments up it does make a lot of sence, the ppi is with the lloyds i got a loan for £3000 well over 6 years ago, they offered me just under a £1000 for the ppi,but wanted to put it off the outstanding balance,i said no,i would like a cheque please and on it goes with them, my point they commited a illegal act by putting on ppi that i did not want,and they should either wipe the debt clean or refund to me in a cheque the ppi ,i have got 3 other people their ppi back it was a battle but they got it, and the reason i am asking for the cca is to prove a point that you cannot mislead and cheat people and the law applys to all,i no that may be a fairy tale but i am makeing a stand really,and the outcome well i am hopeing justice and fair play will always willout,plus we will not stand by and be robbed and bullyed.]

**WendyB** · 15th November 2010, 23:00:PM

Re: cca, what to do after the 12 days

But they are offering to refund you the PPI so they are putting that right by giving you the redress, which will put you in a position as if you had never had it, i.e just the loan and laon repayments without PPI. So why should they write off the loan as well, when you clearly still owe them a balance?

**bullring57** · 15th November 2010, 23:08:PM

Re: cca, what to do after the 12 days

[quote=WendyB;184544]with all due respect that's hardly surprising is it? They are hardly likely to send you a cheque when you still owe them money are they? It is usual when there is a balance outstanding for any refund to be deducted from that balance.

Thats like saying "I owe you money and you owe me money. Instead of netting it off I want you to pay what you owe me but I don't want to pay you what I owe you"
somehow I really can't see them going for that one.....[ i have got ppi back for one person and he still owed a balance,but they sent him a cheque for the misold ppi,also i have got back bank charges even thought the person who i got it back for,had a outstanding balance with the bank,so it can work,i believe in the fact if the person you are dealing with is a corparate climber then you will have a problem,but if the person you are dealing with is a human being then you have a good chance of fari play and justice, ]

**bullring57** · 15th November 2010, 23:49:PM

Re: cca, what to do after the 12 days

[quote=WendyB;184549]But they are offering to refund you the PPI so they are putting that right by giving you the redress, which will put you in a position as if you had never had it, i.e just the loan and laon repayments without PPI. So why should they write off the loan as well, when you clearly still owe them a balance?[ hello wendy, when i first approach them over the ppi, they said at first i did not have any ppi with them,and after a number of phone calls they finally said i did have ppi with them,then they said i could not have it because it was over 6 years, again i pushed it then they came back and said,we will give you £300, but i had to take it as it was a offer,i said no and it went back and forth,they were makeing up all kinds of thing,because i refused the first offer ,then a second offer came back this time for £500,again with the same condiions,and this went on till it got to the present amount, a pattern of lying and cheating was their and i dont like that,so now i am digging in my heels in,you cannot trust a liar. ]

**Turboman** · 15th November 2010, 23:57:PM

Re: cca, what to do after the 12 days

Bullring

A lot depends upon if your account is in arrears or not

If not in Arrears--FOS Guidelines state you are entitled to a cheque---if heavily in Arrears--they can use it to reduce the arrears--

cca, what to do after the 12 days

cca, what to do after the 12 days

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