CCA Request

Re: CCA Request

It's really not worth splitting hairs about if you're happy to live with the default on your CRF till 2014. Follow Mike's advice, and if possible, get the payment made and accepted in writing via a third party, so the contract is with them, not you. This is not critical, but I think is regarded as good practice. It always pays to be cautious, especially with F&F's, as they come under Common Law, so each case stands or falls on its own merit.

[MIKE770]

Re: CCA Request

they will only as partially sstisfied i..e. the true state of account, but make sure that they put in writing the remainder will not be chased or sold to another cretin DCA buyer?

[chris260483]

Re: CCA Request

Hi,

This has now been passed back to Lloyds TSB by credit security ltd and they have passed to westcot of whom have accepted a F&F offer of £4900 (debt £14,830) of which they say they will confirm in writing.

I have told them I want the debt to be marked as paid in full but they say Lloyds will not do this and will only mark this as partially satisfied. Is it worth contesting this?

The debt has a default on the account but this comes off in 2015 so not too long until removed.

Anyone have experience of westcot and if this will happen as they say and have I offered too much?

Thanks

Re: CCA Request

That's not quite how UE works. At present, I believe it would be UE, but if they came up with the correct set of T&C's it would immediately become enforceable again unless you can find another way of fighting UE with it. Nobody knows how likely it is they'll come up with the correct T&C's, but going on my past experience (and I deal more with helping find a way for people to repay debts, not follow UE), I'd say it is pretty unlikely.

I get the feeling you're wanting to jump, but daren't quite do it! Sadly, nobody can give you a push, it's something you have to decide yourself from as informed a position as possible. :beagle:

[chris260483]

Re: CCA Request

with the info i have provided on both SAR & CCA would you say in your opinion it would hold up to anything if i stated UE?

The debt is with a DCA at the moment but hasnt been sold on.

Re: CCA Request

mmmm what to do what to do...

i offered F&F of £4200 but was rejected due to amount of working life i have and prospects of repaying in the future. By paying £2 per month it just keeps the debt over my head for ever. Worried if i stop paying the £2 due to the fact the default comes off my CR in 2015 and really dont want them to issue a CCJ and start the 6 on my CR years again.

If it helps, let's look at it another way. If you continue to pay £2 per month, there is no guarantee you will not be taken to court. If you stop paying £2, there is an increased likelihood of you being taken to court, but probably more likelihood of them selling the debt on, or passing it to a DCA for collection. You then argue the UE route and the 6 years starts ticking.

Only you can make that decision! :beagle:

[chris260483]

Re: CCA Request

mmmm what to do what to do...

i offered F&F of £4200 but was rejected due to amount of working life i have and prospects of repaying in the future. By paying £2 per month it just keeps the debt over my head for ever. Worried if i stop paying the £2 due to the fact the default comes off my CR in 2015 and really dont want them to issue a CCJ and start the 6 on my CR years again.

[chris260483]

Re: CCA Request

[FlamingParrot]

Re: CCA Request

Looking at post 84, I would say until they send the T&C's from inception it is UE. However, currently I think you are paying just £2 per month. Whether or not it is UE, you have to ask yourself if it is worth cancelling that payment arrangement for the sake of that £2.00. If you cancel it, they then come up with the T&C's and you ask for a payment arrangement again, you may just end up with a CCJ when they refuse. You may not, but is it worth the risk?

It wouldn't be for the sake of £2, it would be to allow the debt to become SBd eventually, that is the only reason why you'd stop token payments, because they keep the debt alive indefinitely.

It is, of course, a personal decision that only the OP can make, :decision: and it's important to be fully aware of the implications. One thing to be aware of is that making token payments does not guarantee they won't take you to court. I know quite a few cases where debtors were taken to court despite keeping up their agreed payments. Sadly I can't link to some of them for various reasons, however, the best example has to be this one: http://paulatwatsonssolicitors.wordp...ander-v-mayhew

The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.

These lenders need to realise that the consumers are fighting back now, and when someone like Di Mayhew who bends over backwards to pay her debt gets sued, you can understand why people are fighting back, maybe if the banks were more reasonable as i pointed out in a recent blog entry, then people would not be fighting them in court ( And WINNING) but they would be more inclined to pay the lenders what they owed. After all you cannot get blood out of a stone, so if someone like Ms Mayhew pays £5 per month because thats all they can afford, i dont see why the lender needs to sue, it makes no sense to me.

[FlamingParrot]

Re: CCA Request

The thing I don't understand is when I asked for a cca they sent me a reconstructed copy of terms and conditions but when I have done a dsar they have sent me a true signed copy (the docs I scanned on). Now what ones do I take as the correct docs? The reconstructed one I got with cca request or the docs I got with dsar?

They serve different purposes. They are entitled to send a recon to satisfy a s.77-79 CCA request, which is what they did. With the SAR, they have to send you everything they hold about you. The tricky bit here is that, although what appears to be a 'true' copy of the alleged 'agreement' had no T&Cs, if you got that as a response to a SAR as opposed to a CCA request, you can't really argue they haven't fully complied with your CCA request, because a SAR is a request under the DPA not the CCA. Clear as mud, uh? :sad:

The reconstituted docs which you have already posted up show a last payment as Aug 2002.

Any chance posting up the SAR stuff?

I recall seeing it, so perhaps these were the documents that were removed because personal details were still visible. :noidea:

The OP has been making token payments so this wouldn't be SBd, that must refer to last contractual payment. :sad:

Re: CCA Request

So is it UE on what they have provided?

Looking at post 84, I would say until they send the T&C's from inception it is UE. However, currently I think you are paying just £2 per month. Whether or not it is UE, you have to ask yourself if it is worth cancelling that payment arrangement for the sake of that £2.00. If you cancel it, they then come up with the T&C's and you ask for a payment arrangement again, you may just end up with a CCJ when they refuse. You may not, but is it worth the risk?

[charitynjw]

Re: CCA Request

The reconstituted docs which you have already posted up show a last payment as Aug 2002.

Any chance posting up the SAR stuff?

[chris260483]

Re: CCA Request

So is it UE on what they have provided?

Re: CCA Request

With a CCA request they're perfectly entitled to send you a reconstituted copy and still comply with your request. With a SAR they MUST send you copies of everything they hold (there are exceptions to this, but it's a good general rule of thumb).

Maybe they couldn't find the original without much searching when you did the S78 request. With the SAR they have to do a reasonable amount of hunting around to find what they hold about you.

[chris260483]

Re: CCA Request

The thing I don't understand is when I asked for a cca they sent me a reconstructed copy of terms and conditions but when I have done a dsar they have sent me a true signed copy (the docs I scanned on). Now what ones do I take as the correct docs? The reconstructed one I got with cca request or the docs I got with dsar?