CCA no response next steps

3011gillian

Exodi wrote: »

Firstly, s77 of the CCA is there really to stop anyone writing to anyone pretending they owe a debt - it acts to essentially ask a debtor to 'prove' your agreed to this debt (and the terms).
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Just don't lose sight of the fact (which seems to happen to a lot of people on here with debt) that you did take money off this company in the first place, and you did agree to terms to pay them back for which you reneged.



To be completely frank, I'm puzzled how you have read our replies and yet came to this conclusion. It's very often the case companies aren't able to acquire the original paperwork and as such, the debt remains infinitely unenforceable unless you intend to pay them regardless of whether you're legally obliged to?

I guess it boils down to your morals, I personally dislike people using CCA non-compliance as a way to avoid paying their debts but this forum generally encourages it.

I think I’m hovering in between. I don’t want to use the CCA to avoid paying, stopping paying is the worst case scaebario for us as it will just delay and potentially they could come back for payment in years to come! As you say we ultimately did borrow this money and morally don’t object to paying it back (hence the dmp)BUT as you say we know the debts have been passed on an bought for peanuts and the relevant docs might not be in place so we wanted to use this to negotiate lower offers...just feel frustrated at the length of time this sounds like it will take. Out of the £600 I earn a month £456 goes in the dmp so the sooner we can clear it the better!

sourcrates

Exodi wrote: »

I guess it boils down to your morals, I personally dislike people using CCA non-compliance as a way to avoid paying their debts but this forum generally encourages it.

That is rather a large generalisation and not entirely accurate.

Banks and debt collectors don’t concider the moral aspect in there dealings with you, therefore you should extend them the same courtesy when dealing with them, it is simply a matter of legislation that must be complied with, nothing more.

Whenever I read a post asking for help, the poster concerned is usually in a mountain of debt, sometimes they have the means to repay it, but sometimes they don’t, circumstances can change for any number of reasons, we see it all on here, if a person is been chased hard by a DCA trying to up its profits, then I would recommend the CCA route, just to get them off the clients back for a few weeks, sometimes that’s all people need to gather there thoughts.

I take things at face value, and if I think it would help improve the mind set of someone been hounded for debt, then I would have no trouble recommending this course of action.

I don’t encourage people not to pay, I just want them to be aware of there options.

EssexHebridean

And others of us also generally make the point that taking the non-payment route does not suit everyone - as the OP says above, she'snot comfortable with continuing to have the potential for letters arriving randomly, so for her, the better path to take is to continue paying as she currently is. Others will feel differently - there's no point in taking the non payment route if you're going to spend the rest of your life feeling a jolt of panic every time something drops through the letterbox!