Please help- CCA Question

Tixy

Hi Shoes

When you say the letter is from a DCA is this the first contact you have had from this DCA? If so the creditor (or prevoious DCA) is in breach of the consumar credit act as they are not allowed to pass the debt on

Here is a letter - http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=7

(If I've misunderstood apologies)

GeorgeUK

If there is no CCA, the debt exists, but is unenforcable.
This means the are unable to enforce anything that would be on an agreement - interset, charges, defaulting and requesting payment!!

Do not phone them.

Send the 12+2 day letter to them that should also state under section 10 of the DPA that you require them to stop processing your data. This should hopefully stop them from placing a default on your credit file, but isn't a guarantee.

Without an enforcable CCA, payment need not be made and they should not pass on your details to another DCA or 3rd party as the debt is now in dispute.

Debt1 - there is no CCA for the account. As the original creditor has not complied with your request to supply the CCA it should not have been passed on to the DCA. Stating that there is no enforcable CCA is good so keep that letter but write to the DCA stating that you do not intend to pay (if that is what you intend) and insist that they pass the debt back to the original creditor. If you do intend to make payment, but not the amount that is being requested, you could make a reduced F&F offer - state in the letter that this takes into account unlawful charges and as there is no properly executed or enforcable agreement, this offer is the only one you will make to them. You may be able to get them to accept 10% if you want to try.

Note- If you have not made any payments to this debt for some time, making an offer of payment would restart the statute barred clock so bear this in mind.