• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Do I stop payments after sending out a CCA request

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Do I stop payments after sending out a CCA request

    Firstly, sorry if I have posted this in the wrong place, unfamiliar with how to do things on here.

    I have a couple of questions about posting my CCA to four DCA, I will be leaving the postal order blank on the front and writing 'for statutory fee use only ' and I will only digitally sign the letters - please let me know is this correct.

    I have two accounts with Robinsons Way that I am currently paying, shall i send two separate letters with the individual account numbers and separate postal orders?

    I am paying all four DCA via standing order, once I post my CCA requests do i continue to make payments until i hear from them or once the 12+2 days are up do i stop payments? OR do i just continue to pay until there is an end result.

    My worry is if i continue payments then does this allow the DCA to be lazy and negligent of my account and request because I am still paying them, of course I do not want to stop and get a CCJ or anything.

    Any help is appreciated, thank you in advance
    Last edited by shibets; 24th February 2016, 11:01:AM.
    Tags: None

  • #2
    Re: Do I stop payments after sending out a CCA request

    Any Help please

    Comment


    • #3
      Re: Do I stop payments after sending out a CCA request

      It's a personal choice. If you hope to get statute barred then you need to stop but it is a gamble that they cannot produce or what they do is crap.

      M1

      Comment


      • #4
        Re: Do I stop payments after sending out a CCA request

        I dont think I will be able to go down the Statute root as I have been paying them for the past three years and continue to do so. I thought Statute barred is only when the account hasnt been actively paid for for 6 years.

        I was aiming to find out if the debt are enforceable with these DCA and negotiate a very reduced amount to close the accounts IF they do not have the right document.

        Comment


        • #5
          Re: Do I stop payments after sending out a CCA request

          Hi Shibets

          I think what M1 was saying is this

          If you continue to pay it will take you however many years to pay off, in some cases maybe never although the debt will still be owed etc

          If you stop paying then as long as the accounts have already been defaulted , 6 years after the last payment you make they will go Statute barred

          So you send of the CCA request and they don't reply , you stop paying and then suddenly 5 years later they provide the agreement and hit you for a CCJ but maybe they will never find the agreement and the debt will become status barred

          If you send it off and they write back saying we can't locate it , same as above

          The best possible outcome is if they are older debts i.e free Apr 2007, you send off you CCA request and what comes back does not comply with the consumer credit act in that it does not have the prescribed terms or maybe as I saw on here recently , the PPI was not separated out into a separate line. Then you have them by the short and curlies because the account is unenforceable and so long as you keep what they sent you (so they can not try to fiddle a recon) you just sit back, wait 6 years and Bobs your Uncle

          Hope that makes sense

          As M1 says, what you do is entirely up to you

          Comment


          • #6
            Re: Do I stop payments after sending out a CCA request

            The statute barred route is always available but a long and rocky road if starting from scratch. Whether or not to stop paying is up to each person. Some people get taken to court some don't.

            You are correct that they lack incentive if you keep paying but that's part of the gamble.

            M1

            Comment


            • #7
              Re: Do I stop payments after sending out a CCA request

              Originally posted by shibets View Post
              if i continue payments then does this allow the DCA to be lazy and negligent of my account and request
              If you don't get a reply in a month, put in a written complaint,

              Comment


              • #8
                Re: Do I stop payments after sending out a CCA request

                Originally posted by Noah View Post
                Hi Shibets

                I think what M1 was saying is this

                If you continue to pay it will take you however many years to pay off, in some cases maybe never although the debt will still be owed etc

                If you stop paying then as long as the accounts have already been defaulted , 6 years after the last payment you make they will go Statute barred
                Thank you this makes a lot of sense and does clear things up. May I ask one question, the accounts are in default, they were defaulted in 2014, so if I stopped payments let say next month would the time frame of 6 years start from march 2016 for statute barr status and the account will be defaulted for another 6 years from March 2016 rather than from 2014?

                Thank you once again everyone x

                Comment


                • #9
                  Re: Do I stop payments after sending out a CCA request

                  Once defaulted they can not be defaulted again so the date that is on your credit file would be the same as it is now. They would fall off your credit file 6 years after the default date however the statute bar would be 6 years from the date of last payment

                  Comment


                  • #10
                    Re: Do I stop payments after sending out a CCA request

                    Hi everyone,

                    So i have received a couple of replies from my CCA Request, I am unsure what the next step is and whether the replies indicate a good sign or if they are fobbing me off?

                    Robinson Way have said "Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. You account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course." signed customer manager

                    Idem have said "thank you for you recent letter received on March 1st 2016 requesting information under section 77 of the CCA act 1974 in respoect of the above account. We will endevour to provide the requisite information within the next 12 days. Signed Case Handle/Concillator

                    I posted the CCA out on the 24th of feb, so i have received a reply within 7 days, do I wait with both accounts for another 12 days? or do i need to chase them up after the 12+2 days?

                    Comment


                    • #11
                      Re: Do I stop payments after sending out a CCA request

                      Don't chase.
                      When is your next instalment due and how much?

                      i would stop paying but keep the dosh to one side then if they come up with the goods you can restart the payments

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X