CCA and making an arrangement help

gazmon

Hi,

I have been getting a lot of grief from DCA regarding a credit card debt, i took the card about 7 years ago, got into difficulty and got a default and the debt is with a well known DCA who are not accepting my repayment offer and are extremely harsh to deal with! (they want an a higher monthly payment that i cannot afford) so my question is.....

I have read about the CCA stuff (making a debt unenforceble etc) and have the templates from here so what i want to know is if i send a statement of outgoings as instructed with a view to making an arrangement to repaying an affordable amount monthly? could i also send a request for a copy of the CCA at the same time? with a view to seeing if i could get it wiped out, so what im saying is really try to keep making payments while i try to explore the CCA route?

any help really appreciated

gazmon

DarkConvict

if i could get it wiped out

Lack of a CCA does not wipe out debts! You still owe the money and they can still demand to be paid. No CCA just means they cannot get a CCJ to enforce the debt, hence the term unenforceable. TV adverts have been saying about wiping out debt, and this does relate to charging you £100's for a £1 CCA request, this is however untrue and now these companies all fall under the regulation of the Ministry of Justice. Debts are not wiped out, not even when they go statute barred in 6 years time, unless your the debt was taken out in Scotland.

You can send the CCA request along with your SOA letter if you wish, but make sure it is all sent recorded and follow the flowcharts/guide here - http://forums.moneysavingexpert.com/showthread.html?t=2305463
The thing about CCAs is, in order to force you to pay if you refuse they need a CCJ. But no CCA means they can't get a CCJ. They can still batter your credit file until the debt is paid though, and send demands for payment.

If i were you i would carry on making payments whilst doing a CCA request, some DCAs even go as far as saying we cant find a CCA we will stop collecting, others say the same but instead still ask for payment. They all differ in their responses.

gazmon

hi

thanks dark convict, i understand your points, so in a nutshell you advise me to do as i stated which is:

continue to make an arranged payment while requesting the CCA and see where it goes yes?

gazmon

Locke

gazmon wrote: »

hi

thanks dark convict, i understand your points, so in a nutshell you advise me to do as i stated which is:

continue to make an arranged payment while requesting the CCA and see where it goes yes?

gazmon

Stop paying and send it, they've already given you a default so there's nothing else they can do to you until they've proven that it's enforceable.

DarkConvict

The default is the worst they can do if the CCA is not enforceable, im unsure if they can issue late payment markers once a default has been applied, but if it is they 'could' issue court proceedings for a CCJ in the meantime if you stop paying, whilst you still waiting on the CCJ.

The choice is up to you but i would only stop paying if you decided to do so once you know there is no CCA and have placed the account in dispute.

gazmon

well im not saying im gonna stop paying, what im asking is:

keep paying but if they cant produce the CCA then think about the next move? if they cant produce this CCA what does this mean for me?? should i then refuse payment?/

this is what i ask please

DarkConvict

If they are unable to provide a valid CCA, then they cannot obtain a court judgement. Without a CCJ and the resulting bailiffs they cannot force you to pay the money owed.

What you do is up to you!

You could stop paying and take the consequences of those actions and wait 6 years for the debt to go statute barred (last payment or written acknowledgement). If they have no CCA they are likely to accept a lower F&F offer to bring this debt to a close.

Or you could carry on payment, your choice

gazmon

could they still enforce a stat demand?

DarkConvict

Not that i am aware, statutory demands are used before bankruptcy proceeding begin. Bankruptcy is still court enforcement and so cannot be used on unenforceable debts.

Not all court judges are not up to date on consumer law, so you would need to show the relevant legislation that would prevent them enforcing the debt if they tried to do it. But if they have started doing court proceeding before you have completed your CCA request you may find it difficult to defend as you can only be suspicious of your agreement until you have seen it.