We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

they have lost my CCA - what now

245

Comments

  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    not quite sure how they will pursue, surely if they write to me a few times, and get nowhere, and then write some more and get assertive but still get no response, they will just give up

    I will montior it and if they get stupid with phone calls or letters I will put in the complaint tactic, meanwhile, I am just so happy

    debt free in 3 yrs and 3 months

    (assuming all other creditors have valid CCAs!!!!)
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    just spoke to CCCS to cancel payments, and had a bloke who first said they wouldnt as it was part of a DMP, and then eventually said he would, but suggested I get legal advice as the bank could still take enfocement action

    when I replied, there is no agreement to enforce, he said it would be judges discretion and the fact I had been paying via a DMP would suggest a debt was in place

    Now worried all over again......
  • Ansu
    Ansu Posts: 67 Forumite
    I would be careful about assuming that it would not be enforced.

    Just because they cannot find it now, does not mean they will not be able to 'find' it when required (i.e. if they decide to begin enforcement action).

    It's not uncommon for some banks to claim they cannot find it now, only to turn around and send it you once they actually need to.
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    why would they do that asnu?

    I have been paying then £200+ a month on a DMP without missing a payment.....seems a strange strategy

    what I want to know is what happens next, I have decided not to pay.....apart from a couple of letters, will they actually do anything, will they attempt to get a CCJ without a loan agreement?

    thanks
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    CCCS seem to be responding with this recently. If the debt was taken out prior to April 2007 and is for a loan, credit card or catalogue, then the OFT regard it as wrong to pursue the debt and the legal precedents back this.

    However, recent debts are may not be covered by this ruling.

    The debt charities do however take the line that they are not getting involved in legal wrangles so will keep paying the debt.

    The issue is that if they find the CCA later, the creditor can enforce the debt.

    have you requested any other CCAs?
    If you've have not made a mistake, you've made nothing
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    hi ras. CCCS seemed to suggest I should pay morally, but I have been really clear, I want no more payments made to this debt, and want the money distrubted to other creditors

    sent off 6
    1 - replied saying lost
    3 - replied late
    2 - no reply - 35 days gone (note 1 is for an OD so probably not worth worrying about)

    i have 5 others but didnt CCA as they are 0% interest and have been playing ball

    struggling with technology on how to upload the 3 replies - most of them are 18 pages long (i did pm you on Fri :))
    http://forums.moneysavingexpert.com/showthread.html?p=20643275#post20643275

    cheers
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you pm 10past6 who is on now, as s/he is good on uploads.
    If you've have not made a mistake, you've made nothing
  • RAS - I am sticking to Halifax 1st until I have your expertise on this 1

    b8n3ih.jpg

    2q9f4mw.jpg

    294qrl2.jpg
    szehyq.jpg
  • hs2c0w.jpg
    hs2e4l.jpg
    11sgpe1.jpg
    54zzuv.jpg
  • 2wpm787.jpg
    2r5caj5.jpg
    wi4n7m.jpg
    amp1g1.jpg
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.