Advice on the consumer credit act and the debt company not bothering to look for the document

Chris-TT

I’m on a payment plan with Link Financial, in October last year they started to get a lot more frequent with phone calls. So, I decided to make a request for information, under the consumer credit act 1978. The credit agreement is from 1999 so pre-dates 2007.

I sent a recorded letter, and accompanied the statutory £1 payment following template letter here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

I never heard back from them. When they called after a few weeks, I asked if they had received the letter and they confirmed that they had. A few days ago, I decided to cancel my standing order as I feel after 9 months of hearing nothing the debt should be unenforceable, and the money would be better split among the enforceable debt. I received a call this morning to inform me that the account was in arrears. I explained the situation, the person went off to check, they confirmed that they did receive the letter but they didn’t put in the request. She said they will now do that and should get a response in the next 8 weeks, however, if I don’t continue to pay our agreement will be cancelled.

Should I continue to pay for another two months or should I hold my ground on this?

MovingForwards

It's currently unenforceable as you have requested the documents.

No payment is to be made until the produce the docs, or a reconstructed copy.

I sent a chaser to one of my creditors advising as they haven't responded to my earlier letter, copy enclosed, the matter is currently unenforceable and no payment will be made.

sourcrates

The problem you get when dealing with companies that have bought your debts, is that they have no incentive to carry out your requests, there is no punishment for non compliance, remember most rules on debt collection are just guidelines, they are not laid in stone.

Usually stopping your payments forces them into action.

Let us know what they send you.

Chris-TT

I’ll give you an update when I hear back. It’s annoying the rules aren’t stricter especially when you have to send money in to have them do the check.

fatbelly

CCA requests probably annoy them as the £1 fee does not cover their expenses. many firms don't even bother to cash the payment anyway.

There's a good chance an agreement from 20 years ago will not be available in any readable form, and I guess they know that

Chris-TT

I agree £1 isn’t much money but it’s still what legislation asks for, if it’s more ask for more but as soon as any money is involved they should be carrying out what is requested, otherwise if they feel they are not legally bound to do so they should let me know. Is anyone aware of any case law relating to this issue?

fatbelly

Oh they are legally bound by the CCA.

And the penalty for non-compliance is that the debt is unenforceable.