CCA response from PRA

3011gillian

Hi,
We’ve had two response letters for each of hubby’s and mine accounts.
Mine says they are still looking for further info, they’ve attached some
old MBNA statements. Letters says unenforceable for the time being while they carry on looking. Do I just keep on waiting or can I go back with a low offer now?

Hubby’s also has his bunch of statements but the letter doesn’t say they are looking for anything else. There is nothing signed by him, no credit agreement form etc. Do we reply stating this is not the full information and therefore we want to offer a low amount? Or do we need to reply asking for the full documentation and give them more time??

Just to note we are doing CCA in order to try and get low offers agreed rather than to not pay anything of them so don’t need advice to just not pay. We’re letting our dmp roll for the time being and just looking to pay off the debt at lesser amounts where possible.

sourcrates

Hi,


This is not an exhastive list, and legal advice should be taken in respect to anything a creditor may send you in resonse.

A proper responce to a CCA request consists of a copy of the original credit agreement (or a reconstituted version) creditors can put together a document using information already held on file, however, if this information does not exist, it cannot be made up.

If your account was a credit card, and it was opened before April 2007, then a section containing the "prescribed terms" should also be included within the same document, after the above date, this section of the act was repealed.
Copies of statements should also be included, plus any other relevant documents.

The inability to provide the correct, compliant paperwork, does not always deter a creditor from pursuing the account, some will close an account deemed unenforcable almost straight away, others will chase just as hard, as for settlement offers on unenforcable debts, the same rule applies, some take an all or nothing approach, others will settle for what they can get, there are no hard an fast rules here.

tedsd

Hi,

Paying via a DMP. Just had a letter from one bank saying they have sold my debt and also a letter from the DCA saying they have bought it, it is unenforceable but just keep paying the DMP. They don't say why it is unenforceable.

Any advice on what options I now have, eg. keep paying, offer F & F if I can, take it off the DMP but continue paying other creditors?

Thanks

Ted

sourcrates

tedsd wrote: »

Any advice on what options I now have, eg. keep paying, offer F & F if I can, take it off the DMP but continue paying other creditors?

Thanks

Ted

Yep,



Those are your options, its up to you which one to choose.


They say its unenforcable, that means they cannot take you to court over non payment, it depends if a clean credit file is important to you, or just been free of the debt, UE accounts tend to hang around until they go statute barred, and you may have to fend off various new companies that may buy it over that time period.


Some companies may just write off the debt if you say your not paying, others just keep selling them on, if i advise you to just walk away, i get critisiced for having no morals, if i advise a settlement deal, some may say thats unfair on the creditor, the PC thing to do would be to keep on paying.........your options, your choice.

tedsd

Thanks Sourcrates,

I did wonder whether I was allowed to take just one creditor off the DMP for this reason. The DMP only has 20 months to run. The bank defaulted this years ago so it isn't on my credit file anymore.


My thoughts were that I've been paying this on time monthly for 10 years. They either haven't kept their records or they are incorrect, so it could be said that they should have been more efficient. I was paying back my original creditor, they have chosen to sell on with no paperwork and at a fraction of the cost...

I assume that they may suddenly find it if I don't pay... but, can't take me to court for a CCJ until they do? (that would trash my now clear credit file....) It's the first time someone has simply wrote saying it's unenforceable, hence my questions/thoughts.

Thanks for confirming my options.

Ted