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dlc cca request

meghji
Posts: 26 Forumite


Hi All,
Below is the text of letter received from dlc:
"Further to our previous correspondence regarding your request for information under the Consumer Credit Act 1974, please find enclosed documentation from the original lender as requested.
Due to the age of the account the original executed agreement is no longer available; however the enclosed "reconstituted" copy is sufficient to satisfy the Consumer Credit Act 1974 regulations.
The amount payable now as of the date of this letter is £......; your account is currently in arrears by this amount.
Your account will remain with our collections department for collection activity to continue. The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings as in ruling in the case of McGuffick V RBS. Should you want to view the Judgment in its entirety, it is easily accessible via the internet.
Whilst we may not enforce the agreement, the monies remain outstanding and the underlying obligation to repay remains intact. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement.
We look forward to receiving your offer of payment in due course. If you wish to discuss the account, please contact our collections department."
Am I correct in understanding that they can't enforce this debt.
Thanks for all your help
Mustafa
Below is the text of letter received from dlc:
"Further to our previous correspondence regarding your request for information under the Consumer Credit Act 1974, please find enclosed documentation from the original lender as requested.
Due to the age of the account the original executed agreement is no longer available; however the enclosed "reconstituted" copy is sufficient to satisfy the Consumer Credit Act 1974 regulations.
The amount payable now as of the date of this letter is £......; your account is currently in arrears by this amount.
Your account will remain with our collections department for collection activity to continue. The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings as in ruling in the case of McGuffick V RBS. Should you want to view the Judgment in its entirety, it is easily accessible via the internet.
Whilst we may not enforce the agreement, the monies remain outstanding and the underlying obligation to repay remains intact. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement.
We look forward to receiving your offer of payment in due course. If you wish to discuss the account, please contact our collections department."
Am I correct in understanding that they can't enforce this debt.
Thanks for all your help
Mustafa
0
Comments
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Yes, it's unenforceable !!!
Letter basically says, we can't enforce your agreement but please pay us anyway.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thank you for the help0
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