they have lost my CCA - what now

indebtbigtime

not quite sure how they will pursue, surely if they write to me a few times, and get nowhere, and then write some more and get assertive but still get no response, they will just give up

I will montior it and if they get stupid with phone calls or letters I will put in the complaint tactic, meanwhile, I am just so happy

debt free in 3 yrs and 3 months

(assuming all other creditors have valid CCAs!!!!)

indebtbigtime

just spoke to CCCS to cancel payments, and had a bloke who first said they wouldnt as it was part of a DMP, and then eventually said he would, but suggested I get legal advice as the bank could still take enfocement action

when I replied, there is no agreement to enforce, he said it would be judges discretion and the fact I had been paying via a DMP would suggest a debt was in place

Now worried all over again......

Ansu

I would be careful about assuming that it would not be enforced.

Just because they cannot find it now, does not mean they will not be able to 'find' it when required (i.e. if they decide to begin enforcement action).

It's not uncommon for some banks to claim they cannot find it now, only to turn around and send it you once they actually need to.

indebtbigtime

why would they do that asnu?

I have been paying then £200+ a month on a DMP without missing a payment.....seems a strange strategy

what I want to know is what happens next, I have decided not to pay.....apart from a couple of letters, will they actually do anything, will they attempt to get a CCJ without a loan agreement?

thanks

RAS

Hi

CCCS seem to be responding with this recently. If the debt was taken out prior to April 2007 and is for a loan, credit card or catalogue, then the OFT regard it as wrong to pursue the debt and the legal precedents back this.

However, recent debts are may not be covered by this ruling.

The debt charities do however take the line that they are not getting involved in legal wrangles so will keep paying the debt.

The issue is that if they find the CCA later, the creditor can enforce the debt.

have you requested any other CCAs?

indebtbigtime

hi ras. CCCS seemed to suggest I should pay morally, but I have been really clear, I want no more payments made to this debt, and want the money distrubted to other creditors

sent off 6
1 - replied saying lost
3 - replied late
2 - no reply - 35 days gone (note 1 is for an OD so probably not worth worrying about)

i have 5 others but didnt CCA as they are 0% interest and have been playing ball

struggling with technology on how to upload the 3 replies - most of them are 18 pages long (i did pm you on Fri )
http://forums.moneysavingexpert.com/showthread.html?p=20643275#post20643275

cheers

RAS

Can you pm 10past6 who is on now, as s/he is good on uploads.

indebtbigtime

RAS - I am sticking to Halifax 1st until I have your expertise on this 1

indebtbigtime

indebtbigtime