Cca Requests

[jobo_62]

Hi all

I am a newbie to the site , looking for information on CCA requests and what they excactly are. I have the basic understaing in that I can request a copy and if not correctly singed or the company can not produce one I have a fighting chance to challange the debt.What I dont understand is the following:

1. If taken to court and the company wins there case what happens to me am I givin a CCJ because this has gone to court.

 

2.dose the debt get wiped from your credit file or is this a battle for a nother day:mad:.

 

3.Is the debt wiped,can I claim back any intrest paid.

 

4. dose this apply to old debts which I have finished paying off.

 

5.does this just apply to DCA's or can I go up aginst the likes of Barcalys.

 

I understand the fact that I have taken out these loans in the first place and have either finished or still making payments to reduce my debts. I have a credi card limit of £5000 with barclays and I owe £5230 which at present is making my life hell:eek:. Evan by making minium payments the debt is not being reduced and with the cost of inflation I stand to fall behind on my morgage repayments. I am not asking for barcalys to wipe my debt (although that would be great:D) just that they freeze the intrest on the accont long enough for me to get it down or for the life of the balance

 

Can any one please help and advise me on any other tips they might have. I am currently on a debt management plan with CCCS I really dont want to add this to that as I will finish with them in march 09:lol:

 

please help and thank you for reading

[car2403]

Hi all

1. If taken to court and the company wins there case what happens to me am I givin a CCJ because this has gone to court.

 

That depends on whether they counterclaim (if you take them to Court) or decide to enforce the debt through the Court because you've asked for a copy of the agreement.

 

If you're talking about your Barclays debt, they probably won't counterclaim if the debt is unenforceable, but they will fight you all the way before writing the debt off - the Bank does not want to have an enforceable debt on their books, but they won't write it off easily so you have to be prepared for whatever obstacles they decide to put in your way;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

 

2.dose the debt get wiped from your credit file or is this a battle for a nother day:mad:.

 

This would be part of your case, should the debt be unenforceable

 

3.Is the debt wiped,can I claim back any intrest paid.

 

Yes, there are some precedents for that happening - I have to say, I think it's dodgy, IMHO, and could turn a Judge against you if you try. This is one negotiation tool that you have in your toolbox though, as an unenforceable debt has been unenforceable since inception.

 

4. dose this apply to old debts which I have finished paying off.

 

Does what apply? CCA request? No - if the debt has been discharged, there is no obligation on the creditor to give you information relating to the debt under the CCA.

 

There is always a DPA SAR that could get you it, though - which is useful if you need to challenge unlawful Defaults on satisfied debts;

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

5.does this just apply to DCA's or can I go up aginst the likes of Barcalys.

 

Applies to both - a DCA shouldn't be collecting on an unenforceable debt, nor should they be processing your data without consent. "The likes" of Barclays is just another creditor, so don't be afraid to question the Banks processes, as I have done successfully in the past.

 

Incidentally, all this could also result in a case for charges reclaim, also;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/93273-car2403-barclays-bank.html

 

I think you're getting the idea now...

[cat100]

Is there a step by step guide on the forum on how to go about CCA as I wish to start.

cat100

[car2403]

Is there a step by step guide on the forum on how to go about CCA as I wish to start.

cat100

 

Yes - check out the Defaults link, above, as it outlines the process to get started.

[jobo_62]

Thank you very much

for all you help I think I am going to ask Barclay for a CCA as I said I dont want the debt wiped off, but maybe a negotiation of how they can help me reduce my debt a little quicker would be great :grin:

thank you