CCA help and advice please

saverstacey

Hi, I have been reading loads about enforceable/ unenforceable CCA but am still not sure exactly what would happen to my debts if DCA unable to produce documents?

I have been paying 3 debts on DMP via CCCS for over 5 years (small payments every month)

£11,228 (personal unsecured loan) now with Aktiv Kapital
£5,694 (credit card) now with Cabot Financial
£6.262 (credit card) now with Regal Credit.

I have sent off letters and postal orders using the templates on MSE but am unsure of the process if CCA is absent or unenforceable. What will actually happen? Will the DCA take me to court? Will I get CCJ? I already have defaults on my credit file and don't want to make it any worse.

Any advice very gratefully received, I don't want to make a huge mistake and make things worse

saverstacey

bumpity bump

Tixy

If they cannot produce the CCA then they cannot take you to court and obtain a CCJ against you. If you stop paying because of no CCA they can still continue to chase for the payment and report to the CRAs but not more than that.
If they subsequently find the CCA or the original creditor produces one then they can then enforce it again.

saverstacey

Thanks so much for your reply. How would that appear on my credit file then? Would the defaults still drop off at 6 year mark?

If they cannot produce the CCA would they still try to take me to court even if CCJ could not be obtained? I thought I had read that some people had been ordered by courts to pay even though no CCA?

saverstacey

I wonder how they would continue to chase the payments? I would of course ultimately like to be debt free, I wonder if pursuing this is just going to keep me in debt forever rather than become debt free.............

eyeopener2

No CCA can be a useful tool in negotiating settlements and full and finals.

I'm not sure how useful it is in your situation but a good site to visit for advice is 'all about debt'.

Do a search on it, it may help you. There are some good people who will advise.

saverstacey

Thanks I will look at that site.

Tixy

As you already have a default basically they couldn't make the situation worse on your credit file.
In terms of chasing your for payments they'll probably just send you letters periodically asking you to pay.
Your defaults and the debts would still fall off at the 6year mark.

If they did try to take you to court despite having no CCA then you would defend against the CCJ by saying no CCA has been produced. Its unlikely they would still try to take court action but if they did you must defend or they would win by default (even without a CCA).

As eyeopener says the other thing people do sometimes is to use the lack of a CCA to agree a really low F&F settlement, this means they stop chasing you and you have closure on the debt. And that they cannot take you to court at a later point should they manage to produce the CCA in the future.