Creditor says there's no CCA: DCA on my case.

hardboiled

I requested CCA the 12+2 thing disappeared months ago, and received the below letter but now have BLS jumping on my case. I can't find a template to answer. Should I use this response for what now appears to be an unenforceable ac?

Thank you for your recent letter dated xxxxx requesting a copy of your Credit Agreement.
Our records show that your personal loan, number xxxxxxx and current account
xxxxxxxxx was closed for Debt Recovery purposes in xxxx and transferred to our
Consumer Debt Recovery department under reference xxxxxx with an outstanding
balance of £7,000.
Regrettably, it is no longer possible for us to provide details of the loan account, such as a copy of the Credit Agreement from when the account was opened. However I have enclosed copy statements of your loan account and current account for your reference.
Although we are obliged to keep such documents for a reasonable period of time, we are not required to keep these indefinitely. Whilst I am sorry for any inconvenience caused to you by us not being able to supply these, I do not feel that it is realistic for us to have retained these documents from 2001, when you loan was advanced.
I am sorry that I am unable to provide a copy of your loan advance documents from 9 years ago, however I am satisfied that it is correct for us to look to you for the repayment of your borrowing.
Since 2004, we have received payments totalling £xxxx and these have been used to reduce the outstanding balance to £xxxxx, as today’s date.
We have appointed BLS Collections to act on our behalf in the recovery of this debt and I can only suggest that you contact them with your specific proposals for the repayment of the remaining sum


They've sent some statements of detailing transactions but not all of them.

I'm really not sure what to do now. I'm not in the habit of giving people ammunition so haven't written back to the DCA yet.

I'm not interested getting any money back.

Help... please.

Orville

hardboiled wrote: »

I requested CCA the 12+2 thing disappeared months ago, and received the below letter but now have BLS jumping on my case. I can't find a template to answer. Should I use this response for what now appears to be an unenforceable ac?

Thank you for your recent letter dated xxxxx requesting a copy of your Credit Agreement.
Our records show that your personal loan, number xxxxxxx and current account
xxxxxxxxx was closed for Debt Recovery purposes in xxxx and transferred to our
Consumer Debt Recovery department under reference xxxxxx with an outstanding
balance of £7,000.
Regrettably, it is no longer possible for us to provide details of the loan account, such as a copy of the Credit Agreement from when the account was opened. However I have enclosed copy statements of your loan account and current account for your reference.
Although we are obliged to keep such documents for a reasonable period of time, we are not required to keep these indefinitely. Whilst I am sorry for any inconvenience caused to you by us not being able to supply these, I do not feel that it is realistic for us to have retained these documents from 2001, when you loan was advanced.
I am sorry that I am unable to provide a copy of your loan advance documents from 9 years ago, however I am satisfied that it is correct for us to look to you for the repayment of your borrowing.
Since 2004, we have received payments totalling £xxxx and these have been used to reduce the outstanding balance to £xxxxx, as today’s date.
We have appointed BLS Collections to act on our behalf in the recovery of this debt and I can only suggest that you contact them with your specific proposals for the repayment of the remaining sum


They've sent some statements of detailing transactions but not all of them.

I'm really not sure what to do now. I'm not in the habit of giving people ammunition so haven't written back to the DCA yet.

I'm not interested getting any money back.

Help... please.

I'd send the CCA request to the DCA and then go from there.

hardboiled

I've sent 3 CCA 12+2 blah blah,requests and didn't get a single reply, only standard letters as me to call them, and demands for full payment. The 4th letter was sent to the creditor to which I got the above response.

I'm really not sure where to go from here.

Orville

hardboiled wrote: »

I've sent 3 CCA 12+2 blah blah,requests and didn't get a single reply, only standard letters as me to call them, and demands for full payment. The 4th letter was sent to the creditor to which I got the above response.

I'm really not sure where to go from here.

Hmmm i am sorry i can't give you any further advice. Speak to never in Doubt he's more upto speed with this type of thing.

hardboiled

No worries. Thank you all the same.

barbiedoll

Have you looked at the "Unenforceability" thread? It seems that the next letter that you should send is this one....

http://forums.moneysavingexpert.com/showpost.html?p=33791811&postcount=18

From what I can gather, no valid CCA = no enforceable agreement, therefore you don't have to pay. They can still chase you for the money but they can't get a CCJ for it or recover it through the courts in any way.

Orville

barbiedoll wrote: »

Have you looked at the "Unenforceability" thread? It seems that the next letter that you should send is this one....

http://forums.moneysavingexpert.com/showpost.html?p=33791811&postcount=18

From what I can gather, no valid CCA = no enforceable agreement, therefore you don't have to pay. They can still chase you for the money but they can't get a CCJ for it or recover it through the courts in any way.

Where is he Barbiedoll he's not on nearly as often as he used to be.

mr.ton

No CCA = no enforcable debt = end of.
Tell BLS to get lost & if they refuse report them to the OFT and trading standards.
Its unenforcable and thats the end of it,no matter how much they say otherwise.

barbiedoll

Orville wrote: »

Where is he Barbiedoll he's not on nearly as often as he used to be.

He left the MSE forums as he was receiving a lot of abusive posts and PM's from trolls. He has set up his own website...

http://forums.all-about-debt.co.uk/

Which has templates, advice and a rather good forum!

Orville

barbiedoll wrote: »

He left the MSE forums as he was receiving a lot of abusive posts and PM's from trolls. He has set up his own website...

http://forums.all-about-debt.co.uk/

Which has templates, advice and a rather good forum!

Yeah it's not bad at all....:D

sofababe

OP, I'd send this letter as they have already admitted there is no CCA, so it is unenforceable. There is a further letter u can send if they persist with chasing u for the money

http://forums.all-about-debt.co.uk/viewtopic.php?p=2316#p2316