6 CCA letters ready to go-- few questions, then our progress

LeeSouthEast

I left mine to Egg blank (crossed PO), they have not - thus far - had an issue with it. Albeit this is a SAR rather than a CCA if that makes the slightest bit of difference.

gaznkaz08

right we got our first reply today from Robinson way re: Next card

saying this



whats the next step, if it's unenforceable as they say it might be do we stop paying??

LeeSouthEast

Just because it is unenforceable doesn't, as they say, mean the debt doesn't exist. You spent it, you pay it back (my opinion). All it means is they cannot pursue you through the courts nor report it to CRAs.

I'm sure someone will correct me if I am wrong!

fatbelly

The debt is unenforceable. That's its legal status. If Rob Way want to show otherwise they must take court action and win their argument. I think that's unlikely.

You could send a'12+2' letter - Fermi has one as post 8 of this thread

You could also refer them to the OFT instructions to Mackenzie Hall earlier this year, reminding them that this is a 'disputed debt' and that they must now cease 'collection activity' - both terms defined by the ruling.

You can even continue to pay them if you want to but you may consider this one now to be of lower priority than enforceable debts!

DarkConvict

As above, you do owe the money and morally you should pay up. But it does buy you time to deal with other debts.

After 6 years, the debt will become statute barred if you no longer deal with it, whilst still a valid debt you owe, it reduces the powers of DCAs further.

gaznkaz08

fatbelly wrote: »

The debt is unenforceable. That's its legal status. If Rob Way want to show otherwise they must take court action and win their argument. I think that's unlikely.

You could send a'12+2' letter - Fermi has one as post 8 of this thread

You could also refer them to the OFT instructions to Mackenzie Hall earlier this year, reminding them that this is a 'disputed debt' and that they must now cease 'collection activity' - both terms defined by the ruling.

You can even continue to pay them if you want to but you may consider this one now to be of lower priority than enforceable debts!

already got one of those addressed up ready to post tomorrow,



yeah i know morally i should pay up, but i've been moral most my life and it's got me nowhere,if it makes me a bad man if i stop paying them so be it, i won't lose any sleep over them anymore

gaznkaz08

right the 19th is here and i've had no response at all from

lowell finacial -- barclay card
Capquest x 2 --Halifax credit cards
Mackensie hall-- Studio account

and the store card with lowell, they said they were attempting to get the cca from the original crediter, this hasn't turned up

so what's the next step

fatbelly

You should let them know, by way of a 12+2 letter or similar, that you are aware of the Consumer Credit Act and that the account is at present unenforceable.

You then could walk away - they have six years from the last acknowledgement to try court action.

Or you could offer a low 'full & final settlement'.

I've just noticed my prediction in post #6