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No CCA - What next?

luvfreebeez
luvfreebeez Posts: 61 Forumite
edited 17 June 2010 at 11:18PM in Debt-free wannabe
Hi, can I have some guidance please?!?!?

I have gone down the cca route with a dca ( This debt was actually passed to this 2nd DCA whilst still outstanding cca from 1st dCA) so I have a template ready stating that account was already in dispute,when sold,ready to go.

However, I have received a letter from the DCA offering a substantial disount, with an offer (from me)of a one off payment as a short settlement. They havent stated any amount,theyre waiting for me to make them an offer.

Can anyone just give me an idea as to what this actually means. What options I can take and what this short settlement actually mean? Realistically,I dont really have any lump sum to offer at the moment,but would also be interesting to know if anyone can offer ideas on how much discount (percentages) dca's are willing to accept in this matter. On the other hand, does the lack of CCA make this debt unpersuable.

Thanks in advance for advice!

Comments

  • BigCraigJohn
    BigCraigJohn Posts: 1,082
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    I'm by no means an expert on this but in my opinion if they are offering a much reduced settlement it probably means they dont have the agreement or its not enforceable so they are out for whatever they can get.
    I think short settlement is partial settlement, might be wrong though?

    Will bump this up anyway see if anyone else has anything to add.
  • RAS
    RAS Posts: 37,061
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    If this is a debt covered by the COnsumer Credit Act and taken out before April 2007, and there is no CCA, there is no legal obligation for you to pay a sigle brass farthing.

    If you want to pay and settle the debt, demand a full and final settlement, not a short settlement, as they know they cannot force you to pay anything.
    If you've have not made a mistake, you've made nothing
  • Fitzer2000
    Fitzer2000 Posts: 308 Forumite
    Hi Luv, It appears to me that they realise that the debt is unenforceable and are now in the "pleading for anything" process. Hang fire until NID has a look at your post and I'm sure he'll be able to provide direction. There's nothing they can do if they haven't responded to your request for the CCA!
  • Thanks all!!...N.I.D if you can hear me!!!!! Whats your opinion!?!?
  • NID's having a well-deserved [STRIKE]pish-up[/STRIKE] break :D
    I think he's back tomorrow.
  • luvfreebeez
    luvfreebeez Posts: 61 Forumite
    edited 18 June 2010 at 9:57AM
    ok,thanks will await his expert opinion once hes all refreshed!

    UPDATE - 2nd letter received in as many days offereing substantial discount (still cant afford it though!)
This discussion has been closed.
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