To CCA or Not to CCA

Marthasdad

Morning all!

Question - I am paying regular payments to a number of DCAs for debts I ran up when I was just being stupid with money and living off credit - ended up stretching myself too far till eventually it snapped!

Anyway, now taking responsibility for these problems (I have a growing family) but I wonderd if anyone can advise whether I should CCA all these DCAs to see if the debts are enforceable, even though I've been paying regularly for over a year now.

My concern is that I p**s them all off and they come at me with aggressive demands to increase payments (which I can just about afford) after producing CCAs.

Can anyone advise me if I should just carry on as I am or see what the CCA score is?

RAS

If they are with DCAs, I assume they are already defaulted?

Marthasdad

Yes - like I said, i was being stupid with money at the time!

thepinkladez_2

i am in a similar position cccs suggested i send them all cca more for the fact i would know exactly what i owe etc as i couldn't be sure if the debt amounts had ppi front loaded on them etc. i think its a worthwhile thing to do with the possiblility that some dca wont be able to produce the ccas etc. hth

GeorgeUK

You are within your legal rights to request a copy of the CCA at any time.
If after 12(+2) working days they have not provided a true signed copy of the CCA, the debt is unenforcable and payments need not be made towards the debt. (Overdrafts do not have credit agreements however)

As long as you are paying a "fair" amount based on your income and expenditure, there is not alot they can really do. Some will huff and puff and shout and scream, but even if they decided to go to court, the judge would look at your available income after expenditure and decide on a fair amount to pay them each month.

In most DMP's, a SOA is created showing the expenses and income. The amount left after this is then split evenly between all your debts. If this is what you are currently doing then i think you will be fine.

There are more details here, but the bottom line is that if they cannot come up with a signed CCA, which have the prescribed terms required - the debt is unenforcable. There were a few changes for CCA's signed from April 2007, but for before this, the above stands true.

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Marthasdad

Thanks guys - both been really helpful - I think I'll CCA them all and see what happens - at the end of the day - I've been making regular payments and keeping up my side of the bargain - time to see if they are keeping theirs (by having the right paperwork)!

Thanks again.

Broken_hearted

If its money you know you owe I wouldn't bother.

Marthasdad

Yeah - I know I owe the money, but the DCAs still have an obligation to prove their right to collect it!

Broken_hearted

Most come back with it and treat you like crap in the meantime,

stapeley

Broken_hearted wrote: »

If its money you know you owe I wouldn't bother.

BH is well know for saying just keep paying , as you see he is in a minority. You must also request a notice of assignment to prove you are paying the rightful owner of the debt .

Marthasdad

Thanks Stapeley - some good old common sense coming from you (as usual)!