Debt Collectors

mchllwlkns

I have been told that if you receive a debt collectors letter from an agency that has bought your debt, you can ask them for a copy of the contract you signed with them and as they cannot provide it you can get the debt written off - is this correct???

fermi

Yep. It doesn't get written off.

In some circumstances a debt that is regulated under the Consumer Credit Act 1974 may be unenforceable through the courts, but that is a long way from being "written off".

mchllwlkns

Thanks for your advice, did'nt think it was right, but you never know. Been with Payplan now for five years debt going down paid off over £12k now with only another £6k to go!!!

view

I would try anyway - to see if the debt collection agency does or does not have your CCA.

If you just do a search on this forum for CCA you'll seem reams of posts about this subject (well before Andy's per above) - it's been known about for ages and many people have successfully stopped the DCA's from being able to claim payment.

Now, I'm not saying it's the right thing to do - you need to make up your own mind - I'm just saying it in indeed possible.

The debt will stay on your credit report for (5 / 6 years) however, will be unenforceable ie: you aren't required to make any futher payments.

As mentioned, just do a search on this forum for CCA requests and you'll be able to read all about it.

Ames

Just because it's unenforcable doesn't mean they wont chase. I asked for a CCA about 15 months ago, the DCA sold it onto another and I explained the situation. Eventually they seem to have listened to me because they've sold it on to another, who I've had to explain it to. They've gone quiet for a bit now, but I'm sure someone else will pop up too. (I know they're not supposed to do this, but there's not much I can do about it, I know I could complain but since they back off I don't see much point in it).

Just wanted to warn you in case you didn't want to have to put up with that.