unenforcability query

dan19030

Hopefully just a quicky.
I have a default on my credit report from my ex opening an account in my name without my knowledge. I have reported this to the DCA and police and given as much information as possible to them. The DCA was not that interested in resolving the matter and placed a default on my account at the beggining of the year. After months of arguing I sent a template letter letter found on this site requesting a copy of the credit agreement. I have been told by the original lender that they do not have a copy. I recieved a letter from the DCA after the 14 days which states. "the original lender is experiencing a delay in retrieving the information from its archives. Although we have not been able to provide you with the information within the prescribed period, we would still advise that your debt remains legally due"
Is this true? should I still send the follow up template declaring unenforcability? or wait for them to reply?
Any advise would be great.
Many thanks in advance.
Dan

Curr946

No, not legally due. They will have no powers to take you to court or issue a CCJ. But they can default you and can call / write requesting payment.

fatbelly

'Legally due' doesn't mean 'enforceable'

I would be careful about firing off any more template letters.

Your defence against court action, should they try it, and that's unlikely, is 'it's not my debt - it was taken fraudulently in my name'

A defence of 'they haven't supplied a cca' is more easy to be overturned particularly for post-April 2007 accounts.

DVardysShadow

fatbelly wrote: »

'Legally due' doesn't mean 'enforceable'

I would be careful about firing off any more template letters.

Your defence against court action, should they try it, and that's unlikely, is 'it's not my debt - it was taken fraudulently in my name'

A defence of 'they haven't supplied a cca' is more easy to be overturned particularly for post-April 2007 accounts.

I agree. It is also inappropriate to send a CCA request when the debt is not yours. A categoric denial of the debt is what is required. While you mess around with CCA requests, the DCA thinks you are trying to get off on a loophole, so understandably they will not remove the default.

dan19030

Thanks for the help. The unenforcability aspect is a lttle clearer now. You never know that if they manage to find a CCA it may have her details on it. How should I go about sorting this out then? I have been trying for 3 years now, since I first became aware about the debt. The DCA refuse to do anything despite me giving them a crime ref number and all known contact details for my ex. They say the only way that they will acknowledge a fraud claim is if my ex contacts them and admits the debt is hers. Which is never going to happen. They even had her email address as a contact.

chanz4

what are the police doing..

dan19030

The poluce said that they will not pursue it because apparently I am not the victim. The original lender is the victim and I am reporting it on the lenders behalf. Unless the lender reports the fraud it remains as just a report. Crazy world.

fatbelly

dan19030 wrote: »

The poluce said that they will not pursue it because apparently I am not the victim. The original lender is the victim and I am reporting it on the lenders behalf. Unless the lender reports the fraud it remains as just a report. Crazy world.

That's the police's usual attitude - you haven't suffered a 'material loss' so they aren't interested.

In the meantime, some dodgy debt collection agency is making your life a misery and ruining your credit rating...