No reply to CCA request

rizla_king

Be careful when you complain to the FOS. Dont complain specifically about the debt being unenforceable as the FOS are sniffy about that and wont help you.

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html#12

is the debt enforceable?

Consumers (or their representatives) sometimes tell us that a debt can’t be legally enforced – because, for example:

- there are mistakes in the credit or hire agreement; or
- the debt collector has not been able to produce a "true" copy of the signed credit or hire agreement.

The consumer may seek a declaration from us that the debt is legally unenforceable. Although we will decide what we think is fair and reasonable in the individual circumstances, we have no power to declare an agreement as legally enforceable or otherwise. This is normally for a Court to decide.

Your complaint is that you have made a request for a copy agreement as is your legal right, as you no longer have a copy. And you required a statement of account. The collector has refused your reasonable requests.

Lensman_2

Did you state in the letter that the request was being made under the Consumer Credit Act 1974, S77-79? If not it was not a correctly formed request and they could well ignore that.

glentoran99

yes i did indeed and mentioned it again in the reminder letter, and they have cashed the postal order

Lensman_2

I am assuming you don't mind a default on your credit file?

If so then they are in default of your CCA request and I would put them down to £1 via a dispute letter. That will sharpen their minds.

If you don't want a default then I don't see much in the way of options. You will have to pay them if you want this gone.

glentoran99

Lensman wrote: »

I am assuming you don't mind a default on your credit file?

If so then they are in default and I would put them down to £1 via a dispute letter. That will sharpen their minds.

If you don't want a default then I don't see much in the way of options. You will have to pay them if you want this gone.

Im torn on that, i already have a couple of defaults from the other creditors who are now satisfied, so would 1 more really make a difference, and if i did get one could i get it backdated a couple of years to when i entered the DMP

On the other hand although this has been sold to a DCA its being reported as ok on my credit file, If i knew for sure they didnt have the agreement id be able to push them further for a settlemet, after all they bought this for pennies in the pound surely

Lensman_2

It matters that a default would last from 6 years after they decide to go for it. If you put them on £1 a month now, then let's say it is the end of the year. You would have trouble getting credit for 6 more years. 2021 you would be free.

AP for the current debt does not have as much impact as a default, which is pretty much a brick wall.

You will not be able to backdate a default. End of story.

Let's say your debt is £4k. By playing hard ball you could get a F&F done for £2k. (And you may well still have £4k available now - I don't know).

Is a fresh default worth the extra £2k?

Yours to think about.

glentoran99

Lensman wrote: »

It matters that a default would last from 6 years after they decide to go for it. If you put them on £1 a month now, then let's say it is the end of the year. You would have trouble getting credit for 6 more years. 2021 you would be free.

AP for the current debt does not have as much impact as a default, which is pretty much a brick wall.

You will not be able to backdate a default. End of story.

Let's say your debt is £4k. By playing hard ball you could get a F&F done for £2k. (And you may well still have £4k available now - I don't know).

Is a fresh default worth the extra £2k?

Yours to think about.

ive recently got two backdated,

if i get a F&F done though by threatening non payment due to no CCA could I not avoid the default?

I dont have 4000 if i did i would pay it,

Lensman_2

I don't know - you may be able to avoid a default. But technically they can still register one while they haven't complied with your CCA request.

And if you put them on £1 or stop paying at all the likelihood goes up of them defaulting you.

As you stand, with a good payment history I don't see them backing down much from 100% even with a CCA request outstanding.

I think you need to recalibrate their expectations by stopping paying - and take the risk of default with that - or be prepared to pay 100%.

glentoran99

Lensman wrote: »

I don't know - you may be able to avoid a default. But technically they can still register one while they haven't complied with your CCA request.

And if you put them on £1 or stop paying at all the likelihood goes up of them defaulting you.

As you stand, with a good payment history I don't see them backing down much from 100% even with a CCA request outstanding.

I think you need to recalibrate their expectations by stopping paying - and take the risk of default with that - or be prepared to pay 100%.

I think its going to end up being the latter unfortunately because as it sits ill be clear completely in 3 years, they arent marking my file as AP, they are reporting its ok, which in itself is strange

Lensman_2

glentoran99 wrote: »

I think its going to end up being the latter unfortunately because as it sits ill be clear completely in 3 years, they arent marking my file as AP, they are reporting its ok, which in itself is strange

I have a mortgage shortfall of (pretty much) £50k that is currently marked as satisfied by the original creditor. The in house DCA is not reporting.

That doesn't mean the next DCA down the list isn't going to be vindictive and start reporting it accurately.

Don't get hung up on that and don't take it for granted.