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  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    edited 3 November 2009 at 12:56AM
    Yes but you dont have a letter saying they cannot find a CCA do you? That is what you need (confirmation of debt means nothing other than you did have an account in 2001).... :beer:

    However just ignore them, its sorted now - forget the DCA - ignore the DCA! - don't be worrying now.....


    I have a letter from the DCA that says that they have been unable to get my orignal agreement from the orignal creditor which is why they sent me a reproduction.
  • PARIS_5000 wrote: »
    I have a letter from the DCA that says that they have been unable to get my orignal agreement from the orignal creditor which is why they sent me a reproduction.

    Great - well keep it close to your chest then. Have they now confirmed the debt is unenforceable to you? Usually this is the next step - obviously you know the default will remain, but they cannot pursue you for any money which is a wee help lol :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    edited 4 November 2009 at 12:06AM
    Great - well keep it close to your chest then. Have they now confirmed the debt is unenforceable to you? Usually this is the next step - obviously you know the default will remain, but they cannot pursue you for any money which is a wee help lol :beer:


    Thanks for the advice never in doubt but the default should not be registered as again as it was previously registered for 6 years. I have check this with experian and they have told me that you cannot default twice for the same account and they willl remove the default if it appears on my credit file.

    The DCA told me in writing that they are unable to get the orignal credit agreement from the lender but they are still saying that the debt is enforceable even through its 2001 debt with no signed agreement.so I am going to ignore the illegal default notice and see if they take me to court.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    PARIS_5000 wrote: »
    Thanks for the advice never in doubt but the default should not be registered as again as it was previously registered for 6 years. I have check this with experian and they have told me that you cannot default twice for the same account and they willl remove the default if it appears on my credit file.

    The DCA told me in writing that they are unable to get the orignal credit agreement from the lender but they are still saying that the debt is enforceable even through its 2001 debt with no signed agreement.so I am going to ignore the illegal default notice and see if they take me to court.

    I know that you cannot be defaulted twice for the same debt, I explained this to you in my first response - you've confused me; I never thought they had actually added a default, more like they threatened to add one?

    I said, if they do add one you request removal direct from the CRA's.....

    ignore my last post, it wasn't intended for you thus the confusion I think (apologies).... I understand the default will not be valid and subsequently removed if they attempt to add one...
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Update

    I have had another response from my request for CCA from another DCA and they cannot find it because the debt is so old. :T They are closing the account and no more payment is required.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    PARIS_5000 wrote: »
    Update

    I have had another response from my request for CCA from another DCA and they cannot find it because the debt is so old. :T They are closing the account and no more payment is required.


    Excellent news :T- make sure that all derogatory data is removed from the CRA's..... just give them a month and then check. If they have added one, let us know and we'll sort you the relevant threat (letter) to send off to get the default etc removed :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    PARIS_5000 wrote: »
    Update

    I have had another response from my request for CCA from another DCA and they cannot find it because the debt is so old. :T They are closing the account and no more payment is required.

    Another DCA? Had this debt been passed on again since the last update? Or is this a different debt?

    Good news regardless though. :D
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    fermi wrote: »
    Another DCA? Had this debt been passed on again since the last update? Or is this a different debt?

    You sound surprised Fermi - haha..... you more than most know how dodgy these DCA's are - my betting they sold the debt knowing they didn't have a CCA and the new DCA has just been shafted by the old one - imagine it (sooooo funny!) :rotfl: :rotfl:

    Good result though none-the-less :j
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    You sound surprised Fermi - haha..... you more than most know how dodgy these DCA's are - my betting they sold the debt knowing they didn't have a CCA and the new DCA has just been shafted by the old one - imagine it (sooooo funny!) :rotfl: :rotfl:

    Believe me, I wouldn't be surprised in the slightest. ;) :rolleyes:

    It was just that the wording of that post made me wonder whether PARIS was talking about another debt they had CCA'd.

    Really just want to know whether the original debt in this thread is done with. Subject of course to the DCA (wrongly) selling it on again. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Fermi I am talking about another debt that I have CCA and I still waiting to see if the other one is going to take me to court.

    I CCA three debts altogether and that the first one that I have won.
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