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1st credit sent cca months after request - enforceable ??

Hi There,

Just a quick one!! I sent a CCA request to 1st Credit back in Sep 2008 and they have just sent it to me today, 18 months on.

It is the true copy of it and is signed and dated June 2005. In my CCA request to them i advised of the time limits (12+2 days and 30 days) to respond otherwise they must remove it from my files as unsubstantiated.

The letter that came with my CCA advised they now see this as enforceable even though they responded so late. Is this correct after so long or is there something i can do ??

All advice will be appreciated !!

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    HatchiDog wrote: »
    Is this correct after so long or is there something i can do ??
    It's for a court to decide whether an agreement is enforceable or not, you can ask the court to make a decision on there non-compliance with the act, it's for them to explain to a court the reason for such a long delay in responding to your legal request.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    the court case that went on last year ruled that its not enforcable until the cca is produced, now they have produced it they can and most prob will take it to court. With 1st credit they buy bulk debts and it will take a time for it to be produced.
  • fatbelly
    fatbelly Posts: 23,771 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Hi

    They won't necessarily take court action but if the CCA contains your signature and the prescribed terms, the debt is now enforceable.

    Lots more info on NID's thread

    http://forums.moneysavingexpert.com/showthread.html?t=2305463
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