CCA dispute letter help

gazmon

Hi,

I followed the templates on this site to request a genuine copy of my CCA from a debt collection agency, i sent the following:

CCA request
CCA reminder
CCA dispute

I gave the alocated time fro them to produce the document and to date this has not been forthcoming??

my question is, i have sent the dispute letter and had no reply? whats my next course of action please?

thanks

Gazmon

DarkConvict

You wait.

The dispute letter is basically stating they have failed to produce a valid CCA. And as such you will no longer pay towards this debt as it is in dispute until this matter is resolved, and it can only be resolved if a CCA is produced.

Note, if you do stop paying them, your credit file will get shot to pieces! Read this - http://forums.moneysavingexpert.com/showpost.html?p=33792503&postcount=47

If the credit agreement was signed after April 2007, they do not need it in court. And can obtain a CCJ against you with sending you a copy.

gazmon

hi

thanks for you reply, the CCA was signed in 2002, so that obviously helps me yes??

as for my credit file well i have debts so its so theres not a great deal i can do anyway.......agree??

basically the DCA have been very unreasonable about the amount i offered and can afford to pay a month,they gave me major stress and i worried the hell about it!!!! if they had agreed to my circumstances i would have not even requested the CCA

gazmon

DarkConvict

Having debts and having a bad credit rating is a different matter.

If you are struggling to pay, and the accounts are falling into arrears then the file will be getting damaged.

If however the debts are high but paid on time, the credit file will still be in good condition.

The decision to pay the money you owe, has always, and will always lie with you. You just need to be aware of the facts before making a decision. Failure to pay would mean a trashed credit file due to defaults lasting 6 years. And if they find the agreement they can goto court and get a CCJ.

gazmon

yes point taken, but basically at the moment i still need to wait and see if they produce it and until they do sit tight?..........yes?

DarkConvict

If you have given them the full 14+2+30 days and have sent the dispute letter, then that is the end of the waiting period.

At this point you could be waiting forever if they have lost the agreement, or it could be found in 5 days time. In a majority of cases if they have not complied within the 42 days as above, they do not usually find the agreement at a later date either. As many are lost or destroyed.

Not all debt collectors will admit to not been able to find the agreement, many will just state we are still looking/requesting it from the original creditor.

mr.ton

gazmon wrote: »

my question is, i have sent the dispute letter and had no reply? whats my next course of action please?

Report them to the OFT & trading standards.

Fribourg

DarkConvict wrote: »

At this point you could be waiting forever if they have lost the agreement, or it could be found in 5 days time. In a majority of cases if they have not complied within the 42 days as above, they do not usually find the agreement at a later date either. As many are lost or destroyed..

In that case, do you have to wait another 6 years for the debt to became statuet barred??

Just wondering what happens next

DarkConvict

Yeah. Pretty much. So forever was an exaggeration.

Once a debt becomes statute barred. It differs.

In Scotland, after 5 years the debt is statute barred and is legally extinguished, basically it is written off. Any money paid to the debt after this date can be reclaimed as the debt does not exist when payment was made.

In England, after 6 years the debt is statute barred. It is just not enforceable in court. No different to lack of a CCA. However if you state you will not pay a statute barred debt then they cannot chase for payment, unless they can prove it is not statute barred. It is unlawful harassment to demand payment or affect you in anyway on these debts, so no more damage to the credit file can happen. Any payment to these debts cannot be reclaimed as the debt still exists they just cannot demand payment. Many people are not aware debts are barred and make payment anyway, the money cannot be reclaimed like in Scotland where the debt would not actually exist.

Note for contracts under seal i.e. mortgages/mortgage shortfalls the limit is 12 years.