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CCA never sent

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  • #16
    Re: CCA never sent

    Hi
    If the agreement is not legible at this point I am not sure I would make any offer but that is just me

    The advice given by Charity is pretty darned good

    I believe it is usual for companies to pay 5-10% when they buy debts but then they will balance that with the chance of winning -imo at the moment low , your ability to pay and of course a profit.

    I also understand that when offering settlemets they need to be worded very carefully

    I am really not sur that I would do anything other than send them a letter like the one charity suggested

    Comment


    • #17
      Re: CCA never sent

      Thanks both. I appreciate your advice.

      I'll write to them tomorrow and let you know what they come back with.

      Comment


      • #18
        Re: CCA never sent

        Today I'm writing and sending the letter. It will go a bit like this.

        Thank for for your letter dated blah blah. I duly note the contents of the correspondence and appreciate the speed in which it was sent.

        I do not believe that the debt is legally enforceable and therefore ask that you withdraw from any legal claim to avoid further court costs.

        Many thanks

        Me

        Is that about right??

        Thank you again.

        Comment


        • #19
          Re: CCA never sent

          Personally I would add
          The documents you have sent me do not comply with S78(1) CCA1974 and the account is therefore unenforceable according to S78(6)

          Comment


          • #20
            Re: CCA never sent

            Perfect.

            Thank you.

            Comment


            • #21
              Re: CCA never sent

              Originally posted by ajl75 View Post
              Perfect.

              Thank you.
              It's me again.

              I've had no response from the letter I sent. Today they've said if I don't respond then they will take me to court.

              I'm thinking of sending the letter again to try to get a response.
              Question, if they get a CCJ and pay it within a month, does it get removed from my credit file? Also, at this point if I call and offer a settlement figure will that benefit me? Or should I hold on to see what happens?

              Thanks all.

              Comment


              • #22
                Re: CCA never sent

                Originally posted by ajl75 View Post
                It's me again.

                I've had no response from the letter I sent. Today they've said if I don't respond then they will take me to court.

                I'm thinking of sending the letter again to try to get a response.
                Question, if they get a CCJ and pay it within a month, does it get removed from my credit file? Also, at this point if I call and offer a settlement figure will that benefit me? Or should I hold on to see what happens?

                Thanks all.
                Good afternoon ajl7,

                I've just taken a look back through the thread I'm not surprised that " withdraw " letter has been ignored.

                I see that you have received what purports to be an agreement, to enable us to help further please post a copy here after removing anything that can identify you, let's see the letter as well please.

                nem

                Comment


                • #23
                  Re: CCA never sent

                  I'm not quite sure how to attach images. I can tell you that the credit agreement was not legible. I literally could not make a word of it out.

                  In terms of today's letter I will type in what was written:

                  Basicallt says they've been instructed by their clients as I've not responded to them or agreed a payment plan. They will ask the court to issue a judgement if I don't contact them. It goes on to give the consequences if I get a ccj and a little bit about how I could defend the claim.

                  Finally it asks for me to make a repayment plan or make an offer.

                  Sorry about my lack of IT skills.

                  Comment


                  • #24
                    Re: CCA never sent

                    Originally posted by ajl75 View Post
                    It's me again.

                    I've had no response from the letter I sent. Today they've said if I don't respond then they will take me to court.
                    They've been threatening that since last December.
                    I'm thinking of sending the letter again to try to get a response.
                    You've already sent at least 2; one of them being a s78 request which, according to you, has not been adequately complied with.
                    Question, if they get a CCJ and pay it within a month, does it get removed from my credit file?
                    Why would they pay your CCJ?
                    Also, at this point if I call and offer a settlement figure will that benefit me? Or should I hold on to see what happens?
                    Personally I would hold fire.
                    You can negotiate at any point up to the actual judgment (even IF they do the court route!)
                    .

                    Thanks all.
                    ####
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: CCA never sent

                      Originally posted by ajl75 View Post
                      I'm not quite sure how to attach images. I can tell you that the credit agreement was not legible. I literally could not make a word of it out.

                      In terms of today's letter I will type in what was written:

                      Basicallt says they've been instructed by their clients as I've not responded to them or agreed a payment plan. They will ask the court to issue a judgement if I don't contact them. It goes on to give the consequences if I get a ccj and a little bit about how I could defend the claim.

                      Finally it asks for me to make a repayment plan or make an offer.

                      Sorry about my lack of IT skills.
                      I'll get [MENTION=49370]Kati[/MENTION] to help you with the documents it'll help to be sure what's happened.
                      [MENTION=49370]Kati[/MENTION] can you help please.

                      nem

                      Comment


                      • #26
                        Re: CCA never sent

                        Sorry for the confusion. I meant if I paid the CCJ.

                        Comment


                        • #27
                          Re: CCA never sent

                          Originally posted by ajl75 View Post
                          Sorry for the confusion. I meant if I paid the CCJ.
                          You are correct!

                          nem

                          Comment


                          • #28
                            Re: CCA never sent

                            Removing judgments: paying within a month

                            If you pay your county court judgment in full within one month of the judgment date, it will be removed from the register.

                            You may have to tell the court this yourself – the person you owed money to may not have done so.

                            Step by step guide to removing judgments

                            Here’s what to do if you paid within a month
                            • Search the register First, search the register to see what is recorded against you. If a county court judgment is shown, and you paid in full within a month, you can apply to have the judgment removed.
                            • Contact the court This will be the court where your case was last dealt with. There is a form to fill out, and you’ll need to know the claim number.
                            • Get confirmation You’ll also need written confirmation from the person you owed the money to (so get a receipt). If you can’t get a confirmation from the person you owed money to, the court will write to them for you.
                            • Pay a small fee And there is a fee to pay – the court will tell you this.

                            http://www.trustonline.org.uk/unders...stay-on-record
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: CCA never sent

                              Originally posted by ajl75 View Post
                              Question, if they get a CCJ and pay it within a month, does it get removed from my credit file?
                              Are you asking that question because a CCJ could cause you problems with your job/work or a potential mortgage/credit application if registered on your CRA files etc?

                              Di

                              Comment


                              • #30
                                Re: CCA never sent

                                Yes. This has sat on my file as a default and has already impacted on my credit file. I'm unsure whether to sit it out, make an offer to pay or just challenge it.

                                Thank you for all your advice so far everyone.

                                Comment

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