unenforcible debt - really?

sleepless_nights

Hi all,
After another year of worrying sick and yet another sleepless night I'm ready to kick my debt where it hurts - for once and for all.
I have three credit debts and an unsecured loan, all of which have have been sold and done thier rounds with DCA's.

I've been reading some fantastic and very clever advice from peeps in similar situations as me but I'm a little confused about several things....

1. I have never asked for a copy of my original CCA with the DCA's. - By asking for one am I admitting that I own the debt?

2. If I do ask for the CCA, and they can't produce one, does this mean the debt is unenforcible? If so, what is an unenforcible debt?

3. If they can produce a CCA then what? Is there any way to help reduce my debts with these DCA's

P.S - I keep reading about debts before April 2006.... what does this mean?

Thanks in advance. I'm worried sick
xx

kimdegsidash

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Morning - I think the above should be a link to advice on the National Debtline website on how to go about getting a copy of your CCAs. There are also other posts on this forum that I think have mentioned that you should add 'I do not acknowledge any debt to you' to the letter before you send it.

My reply should bump up your post so that the early morning people can read it, and hopefully more will be along to give answers to your questions soon.

sleepless_nights

Thanks for your reply, are there any more suggestions? before sending a letter asking for my CCA?
Thanks

stapeley

Sooner you do it the better you will feel ! Remember there is a set procedure to follow. Do not sign letters , send recorded delivery, and keep copies of everything . And NEVER speck to them !

McKneff

As stapeley says never sign letters, signatures can be copied. Always print your name.

sleepless_nights

stapeley wrote: »

Sooner you do it the better you will feel ! Remember there is a set procedure to follow. Do not sign letters , send recorded delivery, and keep copies of everything . And NEVER speck to them !

I wan't to write them - believe me. Compared to some others using this forum, my debts are 'small' at around 23k, but I feel like I've got the whole world on my shoulders. What is even more frustrating is that my original debt was when I was only 18 and I had a small car accident. Although I was insured, I settled the cost with going through insurance (just to protect my no claims....) To pay for the damage I borrowed £700. Soon after I lost my job and started using my cc to make the minimum costs on the loan. One cc turned in to 3 cc's and the debt escalated.

Why shouldn't I 'sign' letters? And surely if I write to them isn't this admitting to the full debt? My DCA's are a**holes* and I'm too scared to talk to them.

Thanks once again for your help. x

DaveBrum_2

Here's another query to add into this pot.... my friend sent a request to Cabot Financial and they sent back a letter stating that they cannot get hold of the agreement, this makes it unenforceable, but they said it will still affect his credit rating!!! How can this be so, so the debt is unenforceable?

Miss_Marple_2

DaveBrum wrote: »

Here's another query to add into this pot.... my friend sent a request to Cabot Financial and they sent back a letter stating that they cannot get hold of the agreement, this makes it unenforceable, but they said it will still affect his credit rating!!! How can this be so, so the debt is unenforceable?

Because they have no signed agreement, they have no authority to share his data - which means that they will be breaking the data protection laws if they send any info to the credit reference agencies.

However, I have no idea how an outstanding debt that just sits there with no update will be seen by other potential creditors.

nrsql

sleepless_nights wrote: »

Why shouldn't I 'sign' letters? And surely if I write to them isn't this admitting to the full debt? My DCA's are a**holes* and I'm too scared to talk to them.

Because they can copy the signature onto an agreement if they are dishonest.

You can write without admitting the debt. Consider if the debt wasn't yours - you would request proof from the DCA and that couldn't be considered an admission.

Broken_hearted

Please note they can get nasty and tell a lot of lies about what rights they have.