Delayed Letters From a Collection Agency.

OwtForNowt

Thanks for your reply.

I sent it via special delivery on the 9th of last month, so im guessing they have had it for much more than the 12 working days.

If payment need not be made then what happens to it? Do they have to hope that I continue with the payments or could i just not pay it?

Thanks.

GeorgeUK

Once thedebt is unenforcable, then they cannot enforce any part of the agreement - including getting you to pay. Quite often they will threaten that they will issue a default notice on your credit file, but you probably have this already and they really shouldn't do that anyway as they have no proof that they have your permission to share your details with a 3rd party.

They probably will hope you continue to make payments, but until they provide a CCA, you don't need to. You could just not pay.

It looks like the 12+2 days have now passed so thedebt will be unenforcable until they produce a copy of the CCA. Time to send the next letter.

OwtForNowt

Thanks.

Ill have a look for the 12+2 letter and send it off. I did keep the recorded delivery receipts but i put them in a safe place and now cant find them. lol

I was surprised that they kept it as 2 seperate account from the HSBC as I had an overdraft one and a this credit card one which makes me think they dont have the aggreement.

OwtForNowt

Just an update on this.

I had a letter on the 14th of May saying that they had requested a copy of the credit agreement and will forward it onto me when they get it.

it also says that matters will be held in abeyance till then.

However i receved a letter today asking for me to increase my payments on this account.

What dose held in abeyance mean?

Thanks.

GeorgeUK

Abeyance - in a state of expectancy.

Basically they were saying that the matter would be put on hold until the documentation was received. They have then ignored this and your request by requesting an increase in payments.

While the debt is unenforcable, which it became after the 12+2 days had passed and they did not produce a copy of the CCA, they are not allowed to enforce any part of the agreement. This includes asking for payment let alone an increase in payment.

If they have been giving you a hard time, it's time to push back in my opinion. Trading Standards take a dim view of organisations that ignore the CCA request. I would make a complaint to TS as this company obviously doesn't think the Consumer Credit Act is relevent to them.

I take it you haven't received the CCA from them yet?

OwtForNowt

GeorgeUK wrote: »

Abeyance - in a state of expectancy.

Basically they were saying that the matter would be put on hold until the documentation was received. They have then ignored this and your request by requesting an increase in payments.

While the debt is unenforcable, which it became after the 12+2 days had passed and they did not produce a copy of the CCA, they are not allowed to enforce any part of the agreement. This includes asking for payment let alone an increase in payment.

If they have been giving you a hard time, it's time to push back in my opinion. Trading Standards take a dim view of organisations that ignore the CCA request. I would make a complaint to TS as this company obviously doesn't think the Consumer Credit Act is relevent to them.

I take it you haven't received the CCA from them yet?

Thanks for your reply George.

No I have yet to receive a copy of my CCA. The letter telling me that they are waiting to receive it to forward it onto me was dated the 14th of may so dont they have 30 days from that to produce it before i send off the next letter?

So as its in abeyance does that mean that they shouldnt be pushing me for the increased repayments?

Thanks.

GeorgeUK

You requested the CCA
After 12+2 working days, they should have supplied the CCA
They failed to do this meaning the debt was unenforcable after the 12+2 working days.

There use to be a further 30 days in which they could respond before they comitted a criminal offence. This was removed by the 2006 amendments. It is no longer a criminal offence for them to not supply the CCA and there is no need to send the 12+2+30 day letter.

If they ask for payment, they are trying to enforce the debt - which is currently unenforcable. Payment need not be made until it is enforcable and you could report them to TS.

OwtForNowt

GeorgeUK wrote: »

You requested the CCA
After 12+2 working days, they should have supplied the CCA
They failed to do this meaning the debt was unenforcable after the 12+2 working days.

There use to be a further 30 days in which they could respond before they comitted a criminal offence. This was removed by the 2006 amendments. It is no longer a criminal offence for them to not supply the CCA and there is no need to send the 12+2+30 day letter.

If they ask for payment, they are trying to enforce the debt - which is currently unenforcable. Payment need not be made until it is enforcable and you could report them to TS.

Thanks.

I'll get a letter sent off to them in the morning to inform them that they will not be getting an increase in the payments.

GeorgeUK

Are you going to continue making payments even though they haven't supplied the CCA?

OwtForNowt

GeorgeUK wrote: »

Are you going to continue making payments even though they haven't supplied the CCA?

Theres not a payment due untill another 3 weeks.

Its only £10 a month so im not sure what to do. I dont want people turning up on my doorstep or have to go to court if I dont pay.