CCA cannot be produced...what now........

dobbollah

So one of my creditors, Idem Servicing cannot provide the CCA stuff I requested and have written back.........

'We are unable to supply a copy of the credit Agreement and we acknowledge that until we do so the agreement cannot be enforced. However the balance of the account is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with the credit reference agencies.

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement'

So what now.....the account was defaulted in 2010.

rizla_king

You have a default on your credit files already?

Marktheshark

Err Hello Stupid Debt collectors.
"You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement'"

What agreement Dummies ?
You have not got it, therefore you have no debt to pursue.
I would suggest as a business strategy you check what you buy more carefully next time.
Bye.

dobbollah

rizla_king wrote: »

You have a default on your credit files already?

yes thats right

rizla_king

In that case theyve already done the only thing they can threaten you with. Unless they produce a CCA then all future letters from them are junk mail.

dobbollah

rizla_king wrote: »

In that case theyve already done the only thing they can threaten you with. Unless they produce a CCA then all future letters from them are junk mail.

so no further damage can be done, when the default falls off they can't do anything else...?

the account is only for £480...it worth offering them £50 to settle it and call it day....?

Or should I write to them and simply say 'tough'

or simply ignore them

rizla_king

CCJ is the only thing they can do when the default is gone. At the moment the CCA prevents that. I expect they will keep writing to be annoying and may make some empty threats. Tell them to **** off or you will report them to FCA for harassment. or ignore then. or try to settle. Your choice.

Marktheshark

Making an Offer will re-start the statute barred Clock.
So your stuck with it for another 6 years if they say no.

rizla_king

They have been in a DMP for 5 years. Not got to worry about restarting that statute barred clock here.

dobbollah

rizla_king wrote: »

CCJ is the only thing they can do when the default is gone. At the moment the CCA prevents that. I expect they will keep writing to be annoying and may make some empty threats. Tell them to **** off or you will report them to FCA for harassment. or ignore then. or try to settle. Your choice.

i think i'll offer them £50 with the proviso that if they don't accept I will no long be acknowledging them, or paying them.

rizla_king

OK. Just remember that if on the very slight chance they did manage to produce a CCA even years down the line it suddenly becomes enforceable in court again. Sounds unlikely and probably is unlikely but occasionally a collector does pull something like that off so best to have that in the back of your mind/