they have lost my CCA - what now

indebtbigtime

Hi

Having sent off a 12+2 letter on 9th april. One of my creditors wrote to me on 6th May (rec.d today) telling me they cant find the CCA

The letter states that if I decide not to pay, "we will be unable to take steps to enforce repayment of your loan", however it goes on to say the debt remains valid and yourt continuing default would be reported to Cred ref agencies.

"Recovery action may continue if we do not receive an acceptable repayment offer."

what action?

shall I ignore?

do I need to write to them to tell them what I am doing?

stapeley

:jAction to be taken by you . Jump up and down:j how much is the debt ? Action by them . They will continue to send alsorts of letters but bottom line is no CCA no enforceable debt .:beer:

indebtbigtime

just a thought, can they still pass it on to a DCA to pursue?

Thanks

fermi

indebtbigtime wrote: »

just a thought, can they still pass it on to a DCA to pursue?

Thanks

If they do, then you send the DCA > THIS < letter.

RAS

The OFt have a rather different view of this sort of behaviour. See what they said to MH- sections in red are relevant to your case.

THE OFT REQUIRES AS FOLLOWS:

1. That as of 15 April 2009

1.1 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that there is reasonable cause to believe that the debt is in dispute.

1.2 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that the account is statute barred.

Debt Collection Activity is defined as:

a) sending debt collection letters;

b) making of debt collection calls;

c) the use of any other medium for the purpose of collecting an outstanding debt; or

d) the acceptance of payments offered against a debt.

A debt is considered as in dispute where:

a) it has been reasonably demonstrated that the debt has been
previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c) it is reasonably believed that the debt may have been incurred as a result of identity theft or fraud; or

d) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

For the avoidance of doubt, where only part of a debt is disputed Mackenzie Hall Limited may seek to recover any other part of the debt that is not disputed.

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL RENDER MACKENZIE HALL LIMITED LIABLE TO FURTHER FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT AND/OR THE REVOCATION OF MACKENZIE HALL LIMITED'S CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.

indebtbigtime

i am reading that as meaning DCAs cant come near me......

fell like ive won the lottery!

rog2

indebtbigtime wrote: »

i am reading that as meaning DCAs cant come near me......

That's about the size of it, idbt - certainly not legally at least. :rotfl:

Jesthar

indebtbigtime wrote: »

i am reading that as meaning DCAs cant come near me......

fell like ive won the lottery!

That's pretty much it! Until they produce a valid CCA (unlikely ) AND get a court to agree the debt is now enforceable, they're sunk! Which is why they are trying to wheedle you into paying them... :rolleyes:

Time to tell them that you thank them for their concern about your credit rating, but get knotted...

...but perhaps a little more formally, and with a reminder that pursuing debtors for unenforceable debt will get them reported.

IF you even bother to respond, that is!

~Jes

UNCLE_BUCK

***********you lucky bug*er!!!!!!!:j:j:j:j:T:T:T

indebtbigtime

guys

just a thought,

do I need to send a 30 day letter or something....i.e as you have failed to send me a legiitmate CCA....

OR SHALL i JUST IGNORE THEM?

RAS

Hi

The rules changed recently. it is no longer a criminal offence to pursue a debt in this situation.

BUT if they chase you any further put in a formal complaint to the OFT, indicating that you have read the MH ruling.