CCA not available!....next step?......help please

lordluca

Can anyone help me please? On 20th August I requested a CCA agreement from the Debt Collection Agency dealing with my debt of £8000 approx. They replied very quickly with this letter attached in PDF format. I called the National Debt Line and they were very helpful but unfortunately not clear and concise. I’ve been to the CAB in the past and they didn’t even want to CCA request the DCA so I am very apprehensive of their advise. I feel the advise given on this website to be priceless and would be so grateful of help from all of you in what should be my next step. They ask me for “confirmation that my payments will continue in 7 days”. Having dealt with this particular DCA on numerous occasions I find them very intimidating and usually end up in tears.
Please help and advise on my next step. I would like the debt gone and could possibly ask my family to offer maximum of £2500 as Full and Final settlement. Is that OK to do?
Many thanks to all in advance

We note your request for a copy of the original Agreement quoting section 77-79 of the Consumer
Credit Act 1974. Unfortunately the Loan Agreement is no longer available. We are therefore unable to
comply fully with your request however we enclose a statement of the account showing payments
made to us since assignment. Your postal order for £1 is hereby returned.
Notwithstanding this the remaining balance remains valid and we expect you to continue to meet your
obligations under the Agreement.
We can confirm that a portion of this balance relates specifically to a current account and as such is
not regulated under the Consumer Credit Act 1974. Due to the nature of this account there is no
written agreement to provide.
We acknowledge the fact that until we comply with our obligation to send you a copy of your credit
agreement pursuant to S.77(1) of the Consumer Credit Act 1974 ("CCA") we cannot enforce your
credit agreement through the courts. That is not in dispute.
Whilst we are currently unable to take legal action to enforce the loan this does not affect the validity
of the underlying debt. Section 77(4) of the CCA does not make the agreement void, therefore as the
debt still exists we are entitled to carry out any actions that do not amount to enforcing the Agreement
including demanding payment, charging interest, transferring the debt to a third party, registering the
debt with a credit reference agency and issuing a default notice. This was upheld in the recent case of
MCGuffick v Royal Bank of Scotland Plc. We therefore reserve our right to register any default with the
credit reference agencies.
In respect of any claim that this debt is in 'dispute', we agree that the Agreement is unenforceable in a
court of law as explained above however we can prove that the money lent to you has not been repaid
to date and therefore neither of these facts are in dispute and we consider this matter resolved.
Please therefore provide your confirmation that your repayments will continue within the next 7 days to

avoid any further recovery action being taken.

DVardysShadow

In your position, I might offer them £1660 in writing, for Full and Final settlement. A lot depends on whether you have collected a default already. If you have not, then it hangs over you, but if you have a default from this, then there is not a lot more they can do really and I would be looking to get the default lifted or make it a condition of the F&F that they did not apply one.

But if you have other defaults, is there any point?

monkey1b

hello
i agree with dvardysshadow, i would make the same sort of offer as a full & final settlement but i am not sure you can have defaults removed unless there is a dispute with the default, but you can make them agree in writing to have the default marked settled on final payment. In their letter they are admiting that there is not much they can do except prove the debt is there and report to credit reference agencies but cannot legaly inforce it, so you are in a strong negotiating position to force a low final payment

Hannah_10

Er, pardon me if I'm wrong but, did they not just admit the debt was unenforcible? In which case I absolutly would not be making a payment offer until I'd read the unenforcibility thread through. In fact I was just thinking of a template letter from there.

DGJsaver

also , only one default can be applied , fromt he date , roughly that the last payment was made , they can only default you back to the same date ,they cant just add another at any date they fancy to `be nasty`.....

lordluca

HI,
i collected a default from the original bank in March 2005. I am not sure if i have any other defaults, but from i understand you guys have told me is that the DCA cant default me again on the same debt?????
It appears that i should stop paying altogether and ignore them as they cant seem to do anything? It really is hard to get my head round the fact that they have bullied and humiliated me over the years and turns out the debt is "unenforceable?". I recognised the debt with HSBC in the past and intended paying it all back but if they gave it up to a dca and they possibly bought it for 20% then over the years i have lined the dca's pockets to a great profit.
I feel like i am almost able to smile for the first time in years. The reason i got into debt was solely nusrsing my terminally ill husband. I have now moved on in life, met another man and just want new beginnings. It looks like that may happen:-)
Please tell me your honest opinion on what you would all do next in my case. I believe the advice on here is second to none.
Thanks guys, you're all fantastic

Hannah_10

Honestly, I'd read the unenfocibility thread, even if it took me a week, I'd use the flow charts on there and the template letters and I'd fight my corner.

lordluca

Hi Hannah,

i forgot to mention i am blond and cant find this unenforceability thread. please could you show me a link. i would be really grateful
thanks:o

Hannah_10

So am I underneath that nice dark box of colour 118A

https://forums.moneysavingexpert.com/discussion/2532927

PNPSUKNET

they cant enforce the loan, but what I read from what you have put they can on the current account

beverley1296

I have just had a large debt sorted as they cannot give me a CCA, they sent my debt to a solicitor and they told me bailiffs were going to come, I copied a template off here (dunno which one) but I stated that they should send the debt back to the company involved as I was in dispute with them, and if they can provide me with a true copy of a CCA then we would move further, if they decided to take action I would fight them through the courts as their actions would be vexious and they had no chance of winning, I received a letter 2 weeks later telling me they have stopped the debt collection and will no longer bother me, but it will go on credit file for 6 years.............I can cope with that, they have a few items on file. Dont pay up if they cant supply you with a CCA, Morally you should having said that what morals do they have adding intrest galore and ripping consumers off!!! had my rant good luck.