Cca - need help!!

mrspaulrat3

Hi

My hubby has been paying a dca (aktiv kapital) for a cc with barclays (going back 11 years). The reason he asked for a CCA was because even though hes been paying what he can off the debt, it has doubled. He asked for the cca aswell as a statement of all hes payments. Statements didn't arrive but a letter did stating...

"Although we purchased the right to recover the outstanding balance due, as we are not the original creditor we do not hold the original documentation in this matter.

Unfortunately, in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter, whilst not in possession of such documents."

He received another letter today stating..

"We have previously confirmed that the original documentation relating to the debt is not available and, as such, we accept that the debt is unenforceable..

If they haven't got the documents, how has the dca been able to take money from us every month??

thanx for any help

zppp

Welcome to MSE.

Unfortunately irrespective of the enforceability of the debt, the debt collection agency can legally still collect the debt. All that unenforceability does, is stop the debt collector or creditor obtaining a judgement from court (CCJ).

Tixy

Because you didn't ask for them and so by paying them money every month you were accepting/agreeing that the debt was owed.

You won't get back any money that has been paid, but you won't need to pay anything more to the debt now - or at least not unless they/barclays locate the CCA at a later stage.

They can in theory still report to the credit reference agencies about non-payment, but presumably he defaulted some time ago so they cannot do much further damage. One the default is 6years old the debt will no longer appear on his credit file.