Sorry if this is a question asked a million times before...

flossieflipflop

Hi,

I apologise if this question has already been asked and answered before on here but I'm a newbie and so still working my way around the site.

Anyway I've put up a couple of posts about my situation so won't duplicate it all here.

My question is about cca's. I've read on threads and been recommended to get copies of cca's for my debts but I have a couple of questions:

1. How do I go about requesting these? Do I need to pay for copies of these?

2. How long on average will it take to recieve these from creditors

3. How do I know if something is 'unenforceable'? What am I looking for in terms of errors or mistakes?

4. If anything is found to be unenforceable what's the next step? (I should add I do want to pay off at least some of the remaining debts and so hoping I could use this as a way to offer a full and final settlement figure)

Thanks for any help and again sorry if this has all been covered a hundred times before

BorassicLint

Hi flossieflipflop (love the name by the way)

If you go to never-in-doubt's Unenforecability & Template letters thread you will find all the information you need there together with flowcharts that will guide you through the process. Be aware though that once you request a CCA you will get an automatic default on your credit file as usually you would stop paying them at this stage.

You have to send a statutory fee of £1 and it is advisable to send by recorded delivery. You should receive a reply within 12+2 days as that's the time they have to comply, failing this they are in default until they do reply. Please read through the first few pages of NID's thread for all the information you will need. You will also find details of what should be on the CCA and a checker to see whether it is UE or not.

Note that you should NOT SIGN any letters but type your name as they have been known to copy & paste signatures onto agreements!

UE thread here: https://forums.moneysavingexpert.com/discussion/2532927

flossieflipflop

Thanks for the reply. Have found the thread - thanks for bumping it up if it was you? Will have a look through.

Just one more question - do I have to stop paying them as I currently pay them through a dmp and this might be difficult. If possible I'd rather continue to pay them while I establish if it's enforecable.

Thanks again

DGJsaver

They will more likely send you a Christmas card than your CCA (Or copy etc) whilst you still pay them money

BorassicLint

flossieflipflop wrote: »

Thanks for the reply. Have found the thread - thanks for bumping it up if it was you? Will have a look through.

Just one more question - do I have to stop paying them as I currently pay them through a dmp and this might be difficult. If possible I'd rather continue to pay them while I establish if it's enforecable.

Thanks again

Yeah I did bump it!

I think if you read through the posts on that thread you will generally find that the advice is to stop paying them once they have defaulted, i.e. if they don't reply in time or send you a proper CCA then generally people stop paying as you will get an automatic default anyway. If it turns out that some of them are in fact enforceable then you would need to set up a new payment plan for these via someone else so. say you're with payplan now you would then go to say CCCS or someone else. Hope this makes sense. It does pay to read through the UE thread though to get some understanding of how it all works.

Whilst NID no longer posts here there are lots of other people who can help you from their own experiences.

pepe2008

DGJsaver wrote: »

They will more likely send you a Christmas card than your CCA (Or copy etc) whilst you still pay them money

...or they make it up and call it a 'True Copy' after 2 years:rotfl:. Good old 1st Credit:p