What does this mean please? - CCA

MRS_A_3

Hi All

I recently sent of for a true signed copy of my credit agreement for my catalogues and have had a reply from one of them.

"Unfortunately we are unable to locate a copy of an executed agreement for your Additions Direct account, but for your information we enclose a copy of the current agreement which applied to this account. This version includes all contractual variations which have taken place"

They've sent me a blank CCA ie no name address signature.

What does this mean please?

bottleofred

Hi Mrs A,

I think it means they're chancers and are hoping you'll accept what they've sent. However, I'm not 100% sure and hopefully someone with more knowledge than me will be along soon to provide better advice/information.

barbiedoll

As you probably know, if they have no CCA, then they cannot legally enforce the debt or proceed with court action to recover the money owed. They can, however, still chase you for the money and you will still have the default noted on your credit record for 6 years. You are in a position now to offer a rather low Full and Final settlement to get them off your back although you will need to make sure that your account is marked as "Satisfied" and that you get written assurance that the remainder of the debt won't be sold on to another DCA.

MRS_A_3

The remaining balance is about half £12 charges and I'm doind a DMP so can't really do a F&F I don't think.

Don't know what to do now really, it's confused me.

barbiedoll

Who's the DMP with and how much is the balance for? Have you tried reclaiming the charges? Are they listed under the terms and conditions? Some people have been charged late payment fees and for letters etc, you may be able to claim these back, especially as you have no valid CCA. I don't see why you can't do a F&F whilst on a DMP, but don't quote me on that. You could always tell the DMP provider that someone (family) lent you the money to pay the catalogue debt off in full.

NorthernLas

Mrs A -

They can't produce a CCA, so they can't legally make you pay.

But you are in a DMP, so because you still owe the money, CCCS will continue to pay something to them.

If you want to stop paying you will have to arrange payment for your other debts (this might be OK depending on how many you have)

The other option I think is to offer them a low F&F and see if they accept. I would have thought that this would be OK, but phone CCCS and see if it is possible to make F&F.

DarkConvict

NorthernLas has got it spot on. When on a DMP they will still expect you to pay them, as enforceable or not the money is owed. A low F&F offer is the best approach to see if they can be gotten rid off for a small amount. Start low at 10-20%, if they refuse then probably just keeping making the small payments via the DMP.