CCA Request response received not sure it complies thou?!

Effy

Hi,

I've been helping my partner sort through his historic debt and have sent out CCA Requests over a year ago. One company couldn't supply anything and the other 2 (Idem & Westcot/Lloyds) did, however I am now revisiting this situation (as we are in a position to offer small full and finals), and am not sure that they have provided what they should.

Originally I assumed (stupidly and hurriedly!) that because they had responded to the CCA request that that was that and we just plough on paying £10 a month, but after reading a full and final settlement thread here I actually think both debts may be unenforceable and am unsure as to what step/letter I should be making next if any and if I am even right in thinking that.

So Idem just sent a statement with a letter saying if we had any problem with the agreement to speak to them first then if we are unhappy go to the ombudsman, but no actual agreement of any sort enclosed.

With Westcot/lloyds we received a statement with a bit more information about the account i.e. loan amount, term of agreement and interest rate, who the creditor is and when the loan was provided (Dec 2007) and that was it. Is this enough from them?

I know Idem have missed the mark but I am unsure as to what I actually should be receiving and should I then be contacting them saying payment will be ceased as is unenforceable for this reason?

(when I say I obviously my partners going to have to actually deal with them!)

Any help massively appreciated.

Thanks

sourcrates

Hi,

Ok, basic rundown of a correct response to a CCA request.

The creditor should send you a copy of the original credit agreement, or a reconstituted copy, made up from information held on there systems, if the original cannot be found.

It does not need to be signed.

If the account pre-dates April 2007, then a copy of the prescribed terms must also be present, for later agreements, this requirement was revoked.

Where applicable, a statement of account should also be included.

Anything else is not compliant with a sec 77/79 request.

Effy

Thank you. So we definitely haven't received that. Do we need to write to say as we haven't received the agreement we will no longer be making monthly payments to the account?

sourcrates

That is your prerogative yes, but expect a battle.

A creditors response can be anything from threatening to take you to court, to never hearing from them again, and anything in between.

Most likely they will sell on the debt and you will have to go through it all again with the new owner.

Effy

Thanks again. I'm not sure what we will do now, wonder if its better just to offer the smaller settlements to be done with it and mention the fact the debt is technically unenforceable because of the lack of agreement in the hope the companies will be more agreeable to settle?!

Total brain ache! Can I ask what you would think the best course of action is please?

sourcrates

Well creditors can be funny beasts, even though the debt may be unenforceable, they may not give you any leeway.

All you can do is try making a low offer and see what they say.

Effy

Thank you for the help