DMP & Mutual Support Thread - Part 11

sourcrates

alianza wrote: »

And now i have had a letter from the DCA that bought a loan debt of over £15000. Again can someone please tell me if it is still possible to send them a CCA request even though they were on my other DMP for 3 or 4 years is it too late or can I send one in now before i start my own dmp with them? This loan was from 2006 and defaulted about 2012 if i remember correctly.

Hi,

The ONLY restriction on the sending of CCA requests, is that there must be a balance outstanding on the account you CCA.

Thats it, makes no odds if you've paid it religiously since day one, or never paid at thing, you are entitled to this information at any time, it is your right under sec 77-79 consumer credit act 1974.

Use this template letter from National Debtline :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

Dont forget to include the £1 statutory payment, in the form of a cheque or postal order.

Get writing !!!

[Deleted User]

:doh:

alianza wrote: »

And now i have had a letter from the DCA that bought a loan debt of over £15000. Again can someone please tell me if it is still possible to send them a CCA request even though they were on my other DMP for 3 or 4 years is it too late or can I send one in now before i start my own dmp with them? This loan was from 2006 and defaulted about 2012 if i remember correctly.

Sorry no one has been on here and answered your questions, alianza. I expect someone like sourcrates will be along soon to put you right:)

I don't know the answer myself although I imagine you can do it at any time you still have a debt with someone. I was planning to send CCAs to some of mine and I've been on a DMP for 4 years. Just wanted to reply to you so you know we aren't ignoring you:). It goes quiet on here sometimes, then there are so many posts one after the other that it takes ages to catch up;)

Good luck:beer:


Doh:doh: Crossed posts. sourcrates and I must have been typing at the same time:rotfl:

Billy12345

Afternoon all

I'm sure someone has already answered this in the distant past but I cant seem to find it...doh

Anyway regards CCA, if the paperwork cannot be provided does this mean the debt is unenforceable, if so does it still have to be repaid ? Without the paperwork how can a creditor enforce payment, obviously they cant do it through the courts without the CCA documentation.

If they can enforce repayment what is the bonus for asking for whether they have the paperwork ?

Sorry if this sounds confusing.....

sourcrates

Billy12345 wrote: »

Afternoon all

I'm sure someone has already answered this in the distant past but I cant seem to find it...doh

Anyway regards CCA, if the paperwork cannot be provided does this mean the debt is unenforceable, if so does it still have to be repaid ? Without the paperwork how can a creditor enforce payment, obviously they cant do it through the courts without the CCA documentation.

If they can enforce repayment what is the bonus for asking for whether they have the paperwork ?

Sorry if this sounds confusing.....

If they cant find the original paperwork, and they dont hold enough information on you to reconstitute a copy, then yes, the agreement cannot be enforced through the courts.

Short of saying "please pay us" theres nothing else they can do to make you pay.

You can either walk away, or offer a small sum to settle.

January2015

Billy12345 wrote: »

Afternoon all

I'm sure someone has already answered this in the distant past but I cant seem to find it...doh

Anyway regards CCA, if the paperwork cannot be provided does this mean the debt is unenforceable, if so does it still have to be repaid ? Without the paperwork how can a creditor enforce payment, obviously they cant do it through the courts without the CCA documentation.

If they can enforce repayment what is the bonus for asking for whether they have the paperwork ?

Sorry if this sounds confusing.....

The debt is unenforceable until a CCA which meets prescribed T&Cs is provided. Being unenforceable does not mean you do not owe the amount, just that creditors/DCAs will not be able to use any legal routes to recover the debt. They might still chase you, but sending a copy of a letter from the creditor stating they are unable to provide a copy of the CCA should shoo them away nicely. The other alternative if you want to make the debt and chasing go away altogether is to negotiate a really low settlement offer on the debt if they can't provide the CCA. We've done that with one of our debts.

Even if creditors do provide what seems to be a compliant CCA if the debt is old then it's worth getting the CCA checked by someone with knowledge of what they are looking for. I think anything pre 2008 is worth checking but Sourcrates will let you know more on that I expect.

Billy12345

January2015 wrote: »

The debt is unenforceable until a CCA which meets prescribed T&Cs is provided. Being unenforceable does not mean you do not owe the amount, just that creditors/DCAs will not be able to use any legal routes to recover the debt. They might still chase you, but sending a copy of a letter from the creditor stating they are unable to provide a copy of the CCA should shoo them away nicely. The other alternative if you want to make the debt and chasing go away altogether is to negotiate a really low settlement offer on the debt if they can't provide the CCA. We've done that with one of our debts.

Even if creditors do provide what seems to be a compliant CCA if the debt is old then it's worth getting the CCA checked by someone with knowledge of what they are looking for. I think anything pre 2008 is worth checking but Sourcrates will let you know more on that I expect.

Thanks January, great advice as always.

Thats the next thing to do on my list then, are thereany standard letters out there I could use ? I doubt the creditors wont have them but you never know. :beer:

January2015

Billy12345 wrote: »

Thanks January, great advice as always.

Thats the next thing to do on my list then, are thereany standard letters out there I could use ? I doubt the creditors wont have them but you never know. :beer:

One of our creditors supplied ours - but it wasn't compliant (even though it did look as though it was). I was just going to accept it but fantastic advice from Sourcrates and others sent me seeking further advice - which was that it was definitely unenforceable:j

I can't find the link to the CCA template letter - again I'm sure Sourcrates will be able to help

January2015

CCA template letter here

Billy12345

January2015 wrote: »

CCA template letter here

Fantastic thanks January, I'd better buy some stamps next week, unless i can email them across to the creditors.:money:

Keezing

Billy12345 wrote: »

Fantastic thanks January, I'd better buy some stamps next week, unless i can email them across to the creditors.:money:

Best to send them Royal Mail Signed For, at least that way you know they've been delivered.

Royal Mail lost 4 of my letters. I wouldn't have known if I hadn't paid for Signed For.