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

Marktheshark

Why offer money to people you don't owe any money to ?
If they have no CCA, you owe them £0
All you will do is start the statute barred clock for another 6 years and they will have written acknowledgement you owe them the debt.
Now if they go to county court, they dont need the CCA if they can convince the judge by showing you have admitted you owe the debt so therefore the CCA is likely to have existed as you acknowledge the debt.

Your head is out of the Lions mouth, why you want to stick it back in is puzzling ?

rizla_king

Marktheshark wrote: »

Why offer money to people you don't owe any money to ?

It is owed. Its just temporarily unenforceable which could change

Marktheshark wrote: »

If they have no CCA, you owe them £0

BS.

Marktheshark wrote: »

All you will do is start the statute barred clock for another 6 years and they will have written acknowledgement you owe them the debt.

Makes no difference if they have been in a DMP until now.

Marktheshark wrote: »

Now if they go to county court, they dont need the CCA if they can convince the judge by showing you have admitted you owe the debt so therefore the CCA is likely to have existed as you acknowledge the debt.

Not true as sometimes they will need a CCA to comply with s77/8 or 127(3) where there is doubt. Making a without prejudice offer makes no difference, and honestly the fact they have been paying this under a DMP for 5 years would carry more weight if what you say is true, which it is NOT.

dobbollah

when you say start the statute barred clock...? Ive been paying this lot on a dmp up until now..............

so the statue barred thin isnt really in play is it or have i misunderstood?

rizla_king

dobbollah wrote: »

when you say start the statute barred clock...? Ive been paying this lot on a dmp up until now..............

so the statue barred thin isnt really in play is it or have i misunderstood?

No. Absolutely correct. It is a non issue here. Ignore Mark (AKA spacey2008/vax2012). They talk twaddle most of the time.

dobbollah

rizla_king wrote: »

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/

yeah thanks will do, and if they do its fair game, which I guess why i thought if they took a cheap offer its gone for good then

blisteringblue

If you are paying it as part of a DMP you are acknowledging the debt anyway so statute barred is not applicable. You've already been defaulted so it comes off the credit file 6 years after said default.

I would offer £50 as a full and final as you say, they are more likely to agree now, but if they don't agree I really would simply stop paying it altogether until they can provide the CCA.

dobbollah

blisteringblue wrote: »

If you are paying it as part of a DMP you are acknowledging the debt anyway so statute barred is not applicable. You've already been defaulted so it comes off the credit file 6 years after said default.

I would offer £50 as a full and final as you say, they are more likely to agree now, but if they don't agree I really would simply stop paying it altogether until they can provide the CCA.

thanks blister ive just got the letter in the post.....something along the lines of....

you cant enforce it, you already defaulted me.....im not paying you anymore, heres £50 to settle....

tygar2

rizla_king wrote: »

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/

Interesting situation as I'm about to request a CCA. Rizla can you confirm what's below so I really get it please - will give a scenerio.

Account is in default and registered on credit file
CCA is requested but nothing produced
No further action taken (no court case possible)
6 years later default falls off credit file
2 year after credit file is clean, the DCA finds the CCA and the court will still grant them a CCJ against you even though so much time has passed (you might have moved house too).
This can happen anytime, even say 15 years later, regardless of the fact that you did request the proof but were not given it. The CCJ granted 15 years later then stays on your file for 6 years from whatever date it is finally granted?:(

rizla_king

Account is in default and registered on credit file
CCA is requested but nothing produced
No further action taken (no court case possible)

could start court action but court cannot or should not award ccj if CCA request outstanding

6 years later default falls off credit file

yes

2 year after credit file is clean, the DCA finds the CCA and the court will still grant them a CCJ against you even though so much time has passed (you might have moved house too).

yes but would likely be statute barred in the scenario you give so could defend on that grounds or set aside if obtained without you knowing

This can happen anytime, even say 15 years later, regardless of the fact that you did request the proof but were not given it. The CCJ granted 15 years later then stays on your file for 6 years from whatever date it is finally granted?

yes but see above about settiing aside if was statute barred

not quite that simple or bad. see above

tygar2

rizla_king wrote: »

not quite that simple or bad. see above

ahhh...got it. Glad you clarified. Seems that they have a 6 year window to find the CCA after you request it and stop paying them anything when they fail to produce it. Or 6 years since you did last make a payment (if you had stopped earlier) regardless of when the CCA was requested.

Thanks. Your advice for OP to settle makes a lot of sense.