When should we stop paying?

HannaB

I have a really stupid question...

We've sent a CCA request to Rockwell DCA which was signed for on the 10/11/08. Fingers crossed the debt is unenforcable! Thing is, we're still making the monthly payments against this debt. If the debt is unenforcable (if they haven't responded in 12+2 days), when would be the "safest" point to stop making payments and ask for our money back (or demand the account is settled as is)?

Stupid question I know, but I'm trying to budget for our paydays next week.

x

GeorgeUK

I doubt you will be aable to get your money back - the only person i have heard of doing this was Weller and that was because it turns out she was paying someone elses debt.

After the 12+2 working days the account is officially in dispute and not enforcable outside of court. It is at this time when the debt is unenforcable that you can stop paying.

HannaB

Heya,

Just to give an update.The 12+2 expires today and there's still no sign of the requested CCA. Yey. We would have normally made the payment to Rockwell tomorrow and I just wanted to double check that it's okay to NOT pay this bill now the account has entered into dispute.

Sorry, to be so uncertain (I'm not doubting you George at all ), but I'm just slightly apprehensive as it's my OH's debt, hence his credit rating I'm screwing around with.

Will I get him in trouble if we don't pay?

piglet39

Hiya

Just to echo George's advice. I stopped paying after the 12+2. Scary as I know the debt is still actually there although not enforceable.

Piglet

piglet39

HannaB wrote: »

Heya,

but I'm just slightly apprehensive as it's my OH's debt, hence his credit rating I'm screwing around with.

Will I get him in trouble if we don't pay?

Sweetie if this is with a DCA his credit rating is affected anyway. Just get him to keep an eye on his credit file to make sure they don't put another default on.

HTH

Piglet

HannaB

Thanks Piggy,

I wouldn't make a very good rebel, would I??:D

DastardlyCodpiece

Sorry, but if you know you owe the money why would you stop paying? What benefit is this to you? Whilst I appreciate the OC or DCA may not have an enforceable credit agreement, all this means is that they are unable to take Court action against you. You still owe them the money.

In my view lack of CCA should be used purely to negotiate monthly payments or full and final offers, not to get out of paying a debt.

By the way, I'm not here for an arguement. Just stating my opinion and trying to understand why some people appear to want to avoid paying back their debts.

HannaB

I'm sorry DastardlyCodpiece, but please don't be so quick to judge. Rockwell contacted my partner in 2006 completely out of the blue saying that he owed them £4500. They was no other information other than an amount (no dates as to when it was owed, who it was owed to, not even what kind of debt it was). And we began paying out of sheer niceness and a need to do the right thing. We have been paying for over 2 years, hence my apprehension to stop.

It was only after reading this site that I found out that some DCAs just write to people out of the blue and hope they will pay. All we've done is asked Rockwell for some information regarding this debt which they have not been able to provide. We would gladly continue pay this debt as we have done with all the others, but NOT without knowing anything about it.

DastardlyCodpiece

That's fair enough HannaB. I did not know the circumstances and of course if you no nothing of this debt that you must do everything in your power to sort it out. However, the fact that you paid the debt originally without even knowng you were liable for the same could cause problems as you have basically acknowledged it.

I would suggest you pop over to the consumer forums as they will be able to assist you in this matter.

HannaB

Thanks DC. I'll try that.

I know there are some people who do try to weasel out of their responsibilities and re-reading my original thread, I can understand how it could sound that way.

Broken_hearted

There are Hannah and they are the reseason we will lose free banking and pay higher interest in the future. The law is there to protect people like you.