Credit card debt

[SELMAR]

Re: Credit card debt

Not relevant here as this is not a S78 request but I am sure I read case law that said in a CCA request everything had to be sent together not bit at a time and as such this would make it UE

could you expand on the information please jon1965, i dont understand the shorthand and terminology, im totally new to these situations.

many thanks.

[jon1965]

Re: Credit card debt

Sorry
A CCA request is a request under the consumer credit act sections 77, 78 or 79.

This gives more info
http://www.legalbeagles.info/forums/...c-77-78-79-CCA

Anyway , if when you send you money and your request they do not respond within 14 working days or they respond with an agreement that doesn't provide the required terms then the account could be unenforceable (UE) but only if taken out before April 2007 (the law changed after that)
What that means is that they can not get a CCJ (county court judgement) or make you bankrupt unless you do not defend, which is easy to do in this case
They can however mark your credit file with a default and ask you to pay up and do all the nasty things that DCAs do (debt collection agencies). If they harrass you they are various letters that can be sent to stop them, for example communicate only in writing . There will be template letters available here for that.
No disrespect to anyone else on here but I know from experience that labman and flaming parrot both know their stuff, I am only a learner.

Hope that explains some of it

[SELMAR]

Re: Credit card debt

Sorry
A CCA request is a request under the consumer credit act sections 77, 78 or 79.

This gives more info
http://www.legalbeagles.info/forums/...c-77-78-79-CCA

Anyway , if when you send you money and your request they do not respond within 14 working days or they respond with an agreement that doesn't provide the required terms then the account could be unenforceable (UE) but only if taken out before April 2007 (the law changed after that)
What that means is that they can not get a CCJ (county court judgement) or make you bankrupt unless you do not defend, which is easy to do in this case
They can however mark your credit file with a default and ask you to pay up and do all the nasty things that DCAs do (debt collection agencies). If they harrass you they are various letters that can be sent to stop them, for example communicate only in writing . There will be template letters available here for that.
No disrespect to anyone else on here but I know from experience that labman and flaming parrot both know their stuff, I am only a learner.

Hope that explains some of it

fantastic, many thanks, i understand that now.

[labman]

Re: Credit card debt

Just to clarify - that's 14 working days (12 + 2 for time in post) not 14 calendar days. An SAR is 40 calendar days.

[SELMAR]

Re: Credit card debt

Thank you to you all for your advice!
Just to review:
1. So, I sent the letters from the get out of debtfree website, which were deemed inappropriate (these can be viewed in post 1 ofthis thread). In these letters I didn’t mention the consumer credit act or payany fee, but I did request: “Please provide verification of your claim,including a lawful contract; a hand signed invoice in accordance with Bills ofExchange Act (1882) and proof of agency within ten (10) days from the abovedate so that I may settle any financial obligation I might lawfully owe.
2. I then received a document bundle, which can beviewed in posts 3,4,5 and are blown up for easier reading in posts 9,11,24 ofthis thread.
Can someone please advise what my next step should beplease?
1. Do I sent a proper consumer credit act section77, 78, 79 request, instead of the letters I sent in post 1 of this thread?
2. Or is there something else I need to be doing?
I am totally new to these situations and I am learning as Igo.
Kind regards.

[labman]

Re: Credit card debt

See post 26. What Gravytrain is saying is that as things stand, they've not complied with your request, so the debt cannot be enforced in a court of law. I would do as GT suggests, and in the same letter place the account formally into dispute until such time as they comply.

[jon1965]

Re: Credit card debt

I will ask someone else just to confirm, but I would send a formal CCA request. Send by recorded delivery and enclose the fee by way of postal order (or a cheque signed by someone else). I am trying to find a template letter for you.

When you get it, if you do, you could post it here. the problem with what you already have is that they were under no obligation to provide everything S78 requires

[jon1965]

Re: Credit card debt

See post 26. What Gravytrain is saying is that as things stand, they've not complied with your request, so the debt cannot be enforced in a court of law. I would do as GT suggests, and in the same letter place the account formally into dispute until such time as they comply.

Does that still count as no S78 request was actually made?

[SELMAR]

Re: Credit card debt

Does that still count as no S78 request was actually made?

yes i did not send a specific s78 request, i just sent the letters in post 1 of this thread.

should i now send a specific s78 request, with £1 cheque, recorded deivery, or is there something else i should be doing please?

many thanks for your guidance so far.

[jon1965]

Re: Credit card debt

Hi Selmar
Two options as far as I can see after looking into it
1) As Gravytrain suggests write back telling them they haven't fulfilled the S78 request (they could write back asking what S78 request)
2) Send a new S78 request.
Whichever you do I would do it ASAP
Here is a link from a thread by Curlyben that explains it all

http://www.legalbeagles.info/forums/...ing-with-DCA-s

What isn't clear to me is who exactly owns the debt now, is it still MINT or is it Shoosmiths? Maybe its someone else

Do you have a notice of assignment?

[FlamingParrot]

Re: Credit card debt

As noted above, my suggestion would be to send a proper s.78 request labelled as such, enclosing a PO for £1 which is the statutory fee. Send it Recorded Delivery so you have proof of delivery.

Let's see if they send exactly the same thing or something different, you never know. The idea is to be able to argue non-compliance with s.78 of the CCA you need to send a proper s.78 request, I'm afraid the template letters from the getoutofdebtfree site do not comply.

[SELMAR]

Re: Credit card debt

Hi Selmar
Two options as far as I can see after looking into it
1) As Gravytrain suggests write back telling them they haven't fulfilled the S78 request (they could write back asking what S78 request)
2) Send a new S78 request.
Whichever you do I would do it ASAP
Here is a link from a thread by Curlyben that explains it all

http://www.legalbeagles.info/forums/...ing-with-DCA-s

What isn't clear to me is who exactly owns the debt now, is it still MINT or is it Shoosmiths? Maybe its someone else

Do you have a notice of assignment?

thanks for the informtion jon1965.
i think mint still own the debt, but shoosmiths are acting on their behalf as solicitors

[SELMAR]

Re: Credit card debt

As noted above, my suggestion would be to send a proper s.78 request labelled as such, enclosing a PO for £1 which is the statutory fee. Send it Recorded Delivery so you have proof of delivery.

Let's see if they send exactly the same thing or something different, you never know. The idea is to be able to argue non-compliance with s.78 of the CCA you need to send a proper s.78 request, I'm afraid the template letters from the getoutofdebtfree site do not comply.

thanks for the information flaming parrot.
i will get on with the s.78 tomorrow and post it on the forum before i send it, so members can proof read it, just to make sure all is ok with it.

[labman]

Re: Credit card debt

Dear Sir,

Account/Ref No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, and believe a copy of any credit agreement, along with a statement of account, should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully



Your name.

[jon1965]

Re: Credit card debt

So your communication is coming from shoosmiths...wow they have come down in the world....

Have they sent you anything that could be prior to taking court action.

This is why IMHO it is vital to get that posted tomorrow

BTW just call me Jon (forget the 1965 makes me feel nearly as old as flaming parrot :jaw: