CCA Please Help

[mk13]

Hi folks, this is my first post and need some advice.

Some background info, I suffered from mental health issues in my 30's and got into debt due to being off work. I joined a debt management plan because I could not cope with the pressure of threats and spiraling costs etc. I paid for around 4 years, but once I became better, I started to manage my accounts myself as the debt management where taking 30% of the money i was paying off as fees.
Now my courage is returning I have sent my 3 creditors an CCA each to provide information that I own the debt, dated 5.09.14.(sent on 1st, but dated it to account for weekend).
I have two barclaycard debts, just total over £10.000, these are with collection agencies; Aktiv Kapital and Cabot. My other debt is with RBS £3000.

I have a reply from AKtiv to say that they will try and obtain the documents I requested within the time frame, but will put my account on hold and removed from the collection process at present....what does that mean?

Cabot basically don't have my file and will request it from the original lender. Cabot have said this may take up to 40 days....is that right, considering my CCA was 12+2 days? Though it has only been 5 working days since they received my CCA, I suppose I will have to wait for my CCA requested document dat to expire?

No info from RBS yet.

Any help with my question would be extremely helpful.

M

[Ruby]

Re: CCA Please Help

You are on the right tracks. The older the accounts are the lesser chance that the original creditors will have a compliant CCA (especially pre April 2007). Barclaycard, have not had a good history in keep hold of their CCA's. Just sit tight and wait what Aktiv come back with and in the meantime they have put the account on hold anyway.

As for Cabot, that seems to be a standard thing for them from what I have heard. They chase a debt without adequate paperwork and then come back with a 40 day extension.

Its just a waiting game at the moment. Let us know any updates ......

[mk13]

Re: CCA Please Help

Many thanks Ruby, will do.

In the mean time my next payment on the three debts are not due until 1st, if I have heard anything by 30th Sept, shall I hold off paying?

Again Many Thanks,

M

[Ruby]

Re: CCA Please Help

Aktiv have put the account on hold so in their case I guess you can withhold payment, however possibly not wise with the other two. We still have two weeks though, so lets see what happens in the meantime.

[mk13]

Re: CCA Please Help

Still no info from RBS. My CCA letter was for 12+2 days, will give them a few days, but will need some advice on what to do next.

Regards M

[Ruby]

Re: CCA Please Help

How about sending them a letter of complaint saying they are in breach of FCA guidelines in providing the compliant CCA agreements within the required time frame? They have 8 weeks in which to investigate your complaint. After that if you are not happy with their response you can take it to the FOS. (Financial Ombudsman Service).

[FlamingParrot]

Re: CCA Please Help

Still no info from RBS. My CCA letter was for 12+2 days, will give them a few days, but will need some advice on what to do next.

How about sending them a letter of complaint saying they are in breach of FCA guidelines in providing the compliant CCA agreements within the required time frame? They have 8 weeks in which to investigate your complaint.

Personally, I wouldn't send anything. The account becomes unenforceable while they are in default of a CCA request. If someone contacts you again demanding payment, you can send a letter saying the account is in dispute with RBS because they've not complied with your CCA request.
That's exactly what I did with my own RBS credit card, they did respond to the CCA request but it was just an application form with no terms. :grin: I then told the DCAs and solicitors who contacted me that the account was in dispute with RBS and it's worked like a charm, not heard a peep since Jan 2012! :grin: :grin: :grin:

After that if you are not happy with their response you can take it to the FOS. (Financial Ombudsman Service).

The FOS doesn't usually get involved in this sort of thing and in any case if an agreement is available in any form, there's no reason not to provide it, if they don't provide it, it means they can't locate it, and you can just watch the RBS clock tick away as I've been doing myself. :clock: :clock: :clock:

[Ruby]

Re: CCA Please Help

FP, I had the same attitude as you until I received out of the blue court papers from Cabot for two almost SB'd accounts. It was a bit of a shock because nobody likes to be issued with court papers. My two accounts have been in dispute with the original creditors for years for non compliant agreements (both pre 2007) however it has not stopped Cabot who seem to be on a rampage at the moment (maybe thinking of Christmas bonuses ). Cabot seem to be a bit of a law onto themselves. From my own recent experience they seem to be progressing accounts to court stage like confetti without having the paperwork to back it up. Personally I think they are making a mockery of the law and I cannot believe they have the licence to get away with it.

[mk13]

Re: CCA Please Help

Thank you very much for your responses, a little confused as to what I am going to do next, but I am thinking about changing my direct debit to a token £1.00 payment and see what response I get from them. At least it will start the ball rolling as so to speak.

Regards M

[Ruby]

Re: CCA Please Help

mk13, it is a bit of a lottery as to what these organisations will do with you. How brave do you feel? FP is right in that these accounts are now technically unenforceable due to lack of CCA's being produced within the time frame permitted. Unfortunately DCA's still seem to be a law onto themselves. I had an old barclaycard with no CCA produced on request but it still did not stop the account being passed from one DCA to another for years!

[Ruby]

Re: CCA Please Help

Defaulted accounts are sold on from the OC's to DCA's for pennies. However irrespective of how cheap a DCA buys an account for (well, probably usually in bulk) surely the original creditor should by law inform them that they do not have the appropriate paperwork to enforce the account. The DCA should be fined each time they try to enforce an unenforceable account in court. The FCA have a lot of work to do imho.

[mk13]

Re: CCA Please Help

Just to update my situation, received a letter from RBS, basically stating that they can not deal with my request for a copy of my CCA as I did not sign the letter requesting the CCA. I have uploaded the letter, can someone help me please, as I thought that I did not have to sign my request letter?

Any help appreciated.

[FlamingParrot]

Re: CCA Please Help

Just to update my situation, received a letter from RBS, basically stating that they can not deal with my request for a copy of my CCA as I did not sign the letter requesting the CCA. I have uploaded the letter, can someone help me please, as I thought that I did not have to sign my request letter?

Any help appreciated.

That's a generic response from RBS/NatWest etc. who always make a fuss about the signatures. One way to get around any concerns of your signature being misused is to sign on top of an anti-tamper strip which you would paste onto your document before printing it, then sign on top.

[mk13]

Re: CCA Please Help

Many Thanks Flaming Parrot, will do. Will update again once I get some replies.

Once again Thank you.

[mk13]

Re: CCA Please Help

Morning Folks,

Have just received a letter from Aktiv Capital with regards to the CCA. I am annoyed that this correspondence went to my parents property and not my address so had to collect it yesterday as my parents, who live 40 miles away. Anyway I have uploaded the letter including T&C, I actually forgot that this was originally a Morgan Stanley care taken over by Barclay card then Akiv Capital...what significance to my situation as I don't know?

Please help and advice me what to do next as there is no signature on the paperwork.