Default & CCA Problems.. what next?

ukgeorge

Hello,

I hope someone can help me here as I hear it's a great forum.

I have two defaults on my credit from from October 2011 and I've tried to get them removed.

One company sent me a copy of the default notice and the CCA, so I believe I'm pretty much snookered with this one, however if the remaining debt is 2k, what would be a suitable offer, bearing in mind the default will disappear in 11 months.

Company two are playing hard ball, but missing all the deadlines. I sent a request for the CCA using the template on here. The 12 plus 2 days passed and I heard nothing. I sent them a section 10 letter after that and heard nothing for another 2 months, then they sent the original CCA. Is this account still enforceable as I can't find any answers regarding a CCA being sent after the dates have all expired.

To make matters worse, I've just had a job offer revoked because of these 5 year old defaults.

Thanks in advance for any help.
G

National_Debtline

Hi

Missing the CCA request deadline wouldn’t prevent the debt being enforceable if the agreement can be provided at some point.

In terms of a full and final settlement offer it obviously needs to be an amount you can afford. I think most people start in the 30% - 40% area and work upwards if necessary.

James
@natdebtline

ukgeorge

Thanks James.

I was under the impression that once the 12 plus 2 days had passed and then a further 30, they had committed an offence and would need a court order to make any further claims.

Is this incorrect?

National_Debtline

ukgeorge wrote: »

Thanks James.

I was under the impression that once the 12 plus 2 days had passed and then a further 30, they had committed an offence and would need a court order to make any further claims.

Is this incorrect?

Yes that’s incorrect, it’s just that they can’t get a CCJ against you until the agreement is provided.
There is a summary of what they can and can’t do under the ‘What if I do not get what I asked for?’ section of this factsheet:

www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

James
@natdebtline

sourcrates

ukgeorge wrote: »

Thanks James.

I was under the impression that once the 12 plus 2 days had passed and then a further 30, they had committed an offence and would need a court order to make any further claims.

Is this incorrect?

That used to be correct, but that section of the act was revoked some years ago, so the creditor no longer commits a criminal offence.

CCA requests can take up to a couple of months to action, especially if the debts been sold on, as the new owner has to refer back to the original creditor.

Dosent make the debt unenforceable unfortunately, except if they can't supply what there supposed too.