agreement documents not available from creditors

[indib]

hi,

i have requested the document proof from my creditors they have not provided no documents it is over 14 days,

 

 

what shall i do?

 

 

also where do i stand in terms of paying the debt or managing the payments.

 

can i oppose that and get out of not paying.

 

pls advice

[citizenB]

Hmm,

 

you have made a CCA request - did you do it correctly, sent to the original creditor, enclosed £1.00 ?

 

If so, they have 12 working days + 2 for posting in order to provide this information. Unfortunately for you, just because they either havent or are cant provide a copy, this does not mean that you can simply cease payments !

 

What they cannot do without the document (as long as the agreement was entered into pre 2007) is obtain a judgment. They can send letters, phone you, send a Default notice, terminate and sell the account. They can issue a claim against you - but they cannot obtain a judgment. Unless they can provide a truthful reconstruction.

 

Perhaps you would like to provide a little history regarding this account.

 

Are you making payments via a debt management plan ? Were there any default / penalty charges or Payment protection Insurance ? What type of account is it.

[firstship]

indib Hi and Welcome,,I assume you made a CCA request for the creditor to produce a copy of the original agreement,the fact they have not replied within the 14 day period allows you to put the account in dispute.

 

Can you supply more information like who is the creditor,is it a credit card,loan,bank account,and have you been paying the creditor.How old is the account,cannot recommend you not paying without more information

 

Regards FS

[indib]

hi guys,

i have written to all creditors/debt collection agencies to provide with the agreemnts and sent them postal orders of £1 per agreement, in addition all the letters were posted via recorded delivery.

no one has replied and it has been a month now, where do i stand:

1: do i still wait to hear back from them as i have mailed them, fax a request and sent them additional follow up letter but no respond.

2: stop paying them, the negotiated agreed amount.

3: since they cant produce documents, am i in position to negotiate a reduced amount debt deal with them.

4: how much can i offer to settle the debt seeing that they dont have any documents.

5: can i get my credit report cleared on the basis that iam disputing the debt on the basis there is no documents available.

 

kindly advice as iam really stuck.

many thanks in advance

[SabreSheep]

HI

 

for each debt please list the following

 

 

1) Original creditor

2) Type of debt EG Credit Card, Overdraft, Payday Loan, Normal Loan, Catologue, Co0ntract for service EG Phone

3) Rough amount (Round up to nearest £100 if above £100)

4) WHO OWNS the debt

 

 

Reason being is not all DEBTS are governed by the section of cca that govens cca requests

[rebel11]

Hi indib

 

Welcome to CAG

 

Thread moved to correct forum.

[indib]

Hi thanks for reply,

They are majorily credit cards or unsecured personnel loans. Initially took with hsbc, barclays and halifax, over 8-9 yrs ago and i have been paying them min payments as i am in debt management agreement.

I have some money given to me which i was hoping to clear few debts via negotiations.

But the offers they are willing to accept are much much higher then i can afford to pay.

Pls advice

[indib]

Hi rebel11

 

Thanks for doing so

[SabreSheep]

OK please make a ful list as advised above.

 

Before making F+F offers you need to strengthen your postion as much as possible.

 

1) Collect information on each debt. Credit cards - do a CCA request on each to each of the debt OWNERS as well as an updated statement of account.

2) Subject Access Request to each of the original creditors.

3) When you have the information look for reclaimable s. EG PPI, Package account fees and Credit card charges such as late payment fees and over limit fees.

4) Paying the token payments may have prevented debts from becoming statute barred.

5) Has each creditor sent you a statement at least once a year?

 

Also who is managing your debt management plan. Some of these company's pocket your money and pass peanuts on when you can make better arrangements yourself for free, or use a charity like stepchange.

[citizenB]

indib, I have responded to your email to admin, by private message. You can access this by looking at the very top of the screen - where you should see "Notifications" with a number underneath (showing how many or few private messages you have).