Debt Collection Agencies......can I ask for CCA's if original debts were pre-2007?

anniec19

Hi, sorry for hijacking your thread but I have read a few things about this and I still don't understand. Am I correct that if I write to the companies requesting a copy of the credit agreement and they can't supply it or it is incomplete, does that mean the debt is unenforceable ? Would the DMP people not be aware of this and do this on my behalf ?
Sorry for being a numpty re this

happy_bunny_2

anniec19 wrote: »

Hi, sorry for hijacking your thread but I have read a few things about this and I still don't understand. Am I correct that if I write to the companies requesting a copy of the credit agreement and they can't supply it or it is incomplete, does that mean the debt is unenforceable ? Would the DMP people not be aware of this and do this on my behalf ?
Sorry for being a numpty re this

You are correct. It's unenforceable unless they find it. Can't get a CCJ if defended. For debts taken out before April 2007.

It's not the job of the DMP folks to do this, it's not exactly moral.

You can do this directly with the creditors.

If you want a company taking off the DMP, you would have to talk to whoever was managing it.

anniec19

Brilliant, thanks, will do this first thing on Tuesday

anniec19

Would it be the original creditor or the DCA that I write to ?

happy_bunny_2

anniec19 wrote: »

Would it be the original creditor or the DCA that I write to ?

Send it to the last people who contacted you about the account.

If a DCA, it's their job to get it from the original creditor.

anniec19

And if they can't provide the paperwork, what happens then ?

happy_bunny_2

anniec19 wrote: »

And if they can't provide the paperwork, what happens then ?

You still owe the money, but they can't enforce the debt in court.

it will drop off your credit file 6 years from default date paid or not and if you don't pay or acknowledge the debt in writing for 6 years it's statute barred.

Companies sometimes ignore CCA requests. So you then need to lodge a complaint or stop paying to get their attention.

sourcrates

anniec19 wrote: »

And if they can't provide the paperwork, what happens then ?

If they cant provide the paperwork, or what they send you does not comply with the CCA 1978, then it would be difficult to prove liability in court, most creditors back off at this point as its more money and time than its worth, the debt still exists, but the creditor cant get a judgement against you in court, remember this only applies to accounts taken out before April 2007, the law was changed after this date.