CCA Request success

poppasmurf_bewdley

I have been helping a friend with a CCA request.

To give a brief history, he and his now ex wife had a credit card account with NatWest in about 1996. He was made redundant in 1997 and defaulted on the account. The debt was about £5k. It was passed to debt collectors and he has been paying £12 a month to the debt collectors since about 2002.

He sent off the CCA request last month, and has now received a letter from the DCA saying "We have been unable to obtain a copy of your credit agreement from the original lender."

The letter goes on:
"As you have advised in your letter, in accordance with sections 77-79 of the Consumer Credit Act 1974, we will not be able to enforce the account through the courts. We can however, request payments from you; issue a default notice; pass details of your default to a Credit Reference Agency and pass your information onto a debt collector."

So I have two questions:

1. Are they able to issue another default, as one was issued by NatWest when they originally got behind with the payments?
2. Can they pass details to a Credit Reference Agency and/or debt collector as these details would have already been on and removed after six years?

The letter concludes by saying:
"As the debt is unenforceable this does not means that your debt is wiped out, please be advised that the current balance remains outstanding and requires payment to be made."

I assume this means that, in reality, the DCA can go whistle for their money.

Your help and advice will be appreciated. Poppa.

Tixy

They are not allowed to re-add the debt or a default back on to his credit report if it has dropped off. And so in effect yes they can whistle unless they are able to produce a CCA in the future.

Strictly speaking they are able to add an entry on his credit file, and in the unlikely event that they did then he'd need to complain to get the entry removed.

fermi

1. Another default on his credit file where there has previously been one before which has dropped off? If so, then no, they are not allowed to put another default back on.

2. CRA, no. Another DCA, yes, but they would be able to do nothing more that the current lot can.

They are careful with the wording.

Default notice is not the same thing as a default on your credit file.

Passing the details of the default to the CRAs is not the same as being able to have the CRAs show anything on your file.

A new default is not allowed, and deatils of the old one, even if passed on, would simply not be displayed on the file by the CRA.

In other words, they know they are stuffed, but hope you will misunderstand what they can do.

fermi

Taking apart their statements:

"As you have advised in your letter, in accordance with sections 77-79 of the Consumer Credit Act 1974, we will not be able to enforce the account through the courts.

Correct. Unless they can find an agreement or proof one existed that complies.

We can however, request payments from you;

Yes, and you can tell them what to do with their request.

issue a default notice;

Only if one has not previously been issued.

pass details of your default to a Credit Reference Agency

They can pass it where they like. Unless they lie about a new default nothing they 'pass' will be displayed.

and pass your information onto a debt collector.

Who you can tell to get lost just like this lot.

"As the debt is unenforceable this does not means that your debt is wiped out, please be advised that the current balance remains outstanding and requires payment to be made."

Yawn.....

poppasmurf_bewdley

Thanks for the advice, folks.

I have just spoken to my mate and told him what you have said.

He has asked what should he do now. Should he just cancel the standing order he has to make the monthly payment, and tell them he is doing so? Or should he make an offer of full and final settlement of, say, £100, to them to clear it up? Like me, he is a pensioner and he just wants to get the matter cleared up.

sourcrates

poppasmurf_bewdley wrote: »

Thanks for the advice, folks.

I have just spoken to my mate and told him what you have said.

He has asked what should he do now. Should he just cancel the standing order he has to make the monthly payment, and tell them he is doing so? Or should he make an offer of full and final settlement of, say, £100, to them to clear it up? Like me, he is a pensioner and he just wants to get the matter cleared up.

He can safely ignore it to be honest, cancel the standing order, spend the money down the pub, or on a day out instead !!!!!