Land of Confusion

kennedy316

http://www.moneywise.co.uk/cards-loans/cut-your-debts/legal-loophole-partially-closed

Just read this and am now unsure of the point regarding CCAs. So if a debt collection company (in my case Marlin) cannot produce a valid CCA within 12 days of it being requested then the debt is not enforceable through the courts? Would this mean that despite them continuing to chase it that there would be effectively nothing they could do?

The above link says that the lender can produce a copy of the CCA providing it contains the original terms and conditions along with my wife's details from when the CCA was signed. If this is correct then couldn't they just produce anything as how would anyone know what the original ts and cs were?

Incidentally the letter from Marlin is addressed to my wife using her maiden name as we weren't married at the time.

*I've also just read that the company has 12 days to produce a valid CCA but that's not the end of it as if they don't then it just means that the debt is unenforceable until they do. If they don't within a month they may be commiting a criminal offence. What exactly does this mean? Could they just go to Northern Rock who they bought the debt from and how likely would they be to get what they ask for?

Bit of a minefield isn't it?

kennedy316

Have been informed that following a CCA request the company has 12 days to produce it during which time they cannot enforce any court action. After the 12 days you can send a reminder and they then have until 40 days have passed to provide the CCA.

If they still fail to produce it then you can complain and the Information Commissioner can send an enforcement notice requiring the company to produce the CCA.

What happens if they still do not produce it? If after the 12 days they haven't produced it do they just stop chasing the debt or do they persist hoping that the person in debt will be unaware of their rights and will just pay the debt regardless of their right to the CCA.

Also if you request a CCA then is this an admission of debt which breaks the statute barred period and resets it to day one?