reply from request for CA

bluejeans

Could anyone please advise on this reply from request for CA.

Bla bla bla, they agree they cannot seek payment through normal collections channels with out a signed CA.

But last paragraph says.

If I decide not to make payments, on the basis that a signed CA could not be provided. It will be reported to the relevant credit reference agencies, which will remain on my record for 6 yrs.

They await my reply, just got letter in this morning post. I am not sure what to reply.

Thankyou

Bluejeans

NickWarren_2

As far as i was aware if they could not provide you with a copy of your signed CCA then the debt becomes non-persuable(sp?) However The debt is still a debt none the less and that they will still expect to pay it out of a moral obligation (lol!) and as such would still show on your credit report. Feel free to correct me if i am wrong.

GeorgeUK

If they have failed to provide a copy of the CCA after 12+2 days, the debt is unenforcable.
As you probably said to them in the 12+2 letter
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

Unfortunately however alot of these companies totally ignore this and put the default on your account anyway. I tried to come up with something a little more creative in this thread, but still no idea if it would be effective (or completely accurate).
http://forums.moneysavingexpert.com/showthread.html?t=929431&page=3

bluejeans

GeorgeUK wrote: »

If they have failed to provide a copy of the CCA after 12+2 days, the debt is unenforcable.
As you probably said to them in the 12+2 letter
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945


Unfortunately however alot of these companies totally ignore this and put the default on your account anyway. I tried to come up with something a little more creative in this thread, but still no idea if it would be effective (or completely accurate).
http://forums.moneysavingexpert.com/showthread.html?t=929431&page=3

Thanks for that George. It has never been my intention not to pay the debt. It was done to give me some bargaining power, as they simply refused to accept lower a payments and I could not make the payments they were asking for. Maybe now they will listen

Much appreciated

bluejeans

rog2

bluejeans wrote: »

If I decide not to make payments, on the basis that a signed CA could not be provided. It will be reported to the relevant credit reference agencies, which will remain on my record for 6 yrs.

Any default that is placed on your credit reference file after a creditor has refused or been unable to provide you with a true copy of the executed cca would be illegal.

For a creditor/dca to make such 'threats' is contrary to the OFT Debt Collection Guidelines in that they are implying that they have legal powers which, in fact, they don't:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

GeorgeUK

Only problem is that even though you may be able to make reduced payments, they still put a default on your account.

Good luck with this.