Am I legally obliged to pay Debt collector with no CCA

hardboiled

I'm in a position where a creditor has signed over a debt to a Debt collection agency yet have no CCA. I don't have a contract with the DCA
and not not likely to agree to one either as they charge a fee.

LLoyds have said they don't have a CCA because they're only obliged to hold one for 6 years. This seems lame to me as the 6 years is the minimum and NOT the maximum and this as far as I'm aware is NOT part of the Data Protection act.
As far as I'm aware they're free to hold CCA for as long as they like.

Any opinions on this ?

fermi

Did they provide you with a reconstituted copy?

Depends what you man by 'obliged'?

You arguably have an obligation to pay back the money, but the real question is what can the DCA do to enforce that 'obligation'?

If the OC/DCA have failed to comply with the CCA request without even providing a reconstituted agreement, then a court should not enforce the agreement.

The OC/DCA cam still 'ask' for payment and record the info on your credit reference files.

concerned43

How old is this debt?

winner12

Hi hardboiled
I would like to hear the judges comments if they ever take you to court and turn up with the excuse they threw away all the evidence because they wer'nt obbliged to keep it

hardboiled

Taken out in 2001

hardboiled

fermi wrote: »

Did they provide you with a reconstituted copy?

Depends what you man by 'obliged'?

You arguably have an obligation to pay back the money, but the real question is what can the DCA do to enforce that 'obligation'?

If the OC/DCA have failed to comply with the CCA request without even providing a reconstituted agreement, then a court should not enforce the agreement.

The OC/DCA cam still 'ask' for payment and record the info on your credit reference files.

I keep hearing of horror stories where people have been forced and there's no CCA, that's not only scary it's makes no sense according to oft rules, and legislation !!

thechippy

What do you mean when you say "forced"...
Forced what?

hardboiled

In the Consumer Action Group there quite a few stories where judges have gone the wrong way against current legislation which means the debtor is now in a rather nasty position.
Sorry, should have said it a bit better.