Requesting CCA to make debt unenforcable

endomorph

Hi all,

So I am going through the process of requesting CCA and DoA from some old debts in the hope to get them cleared as un-enforceable.

I have started to get letters back and a common line I am seeing is -

"Unfortunately we do not have the relevant documentation on file so we will be requesting a copy of the CCA from your original lender."

Does this mean that they were never given a copy of the CCA and DoA at the beginning therefore the debt was un-enforcable from the beginning and any monies paid were collected "illegally" / they had no right to the money ?

Willing2Learn

I believe you are confused. Just because an account becomes unenforceable does not mean you are no longer liable for the account. The DCA would still have a right to seek collection of any amount due, even though the account is unenforceable through a court. The DCA did not seek payment 'illegally'.

WhenIam64

Does this mean that they were never given a copy of the CCA and DoA at the beginning therefore the debt was un-enforcable from the beginning and any monies paid were collected "illegally" / they had no right to the money ?

Not exactly. The purchasers of debt are given a list of accounts in the reasonable belief the money is owed. They then contact the debtors and try to collect. If the debtors and the creditors both agree the money is owed, then there is no problem. The debt is paid down to the extent of the agreement between creditor and debtor.

So when the "prove-it" letter is sent, then that flags up to the new owner of the debt to get the paperwork to show it is enforceable. Even if there is no paperwork, (as said above) the debt still exists. It is just that the courts won't give time to any claim that does not have that evidence.

endomorph

Thanks for the replies guys.

This is getting confusing.

I have read several threads today that talk about sending the final letter (once they have confirmed no CCA or time has expired) asking for the monies already paid to be returned !

Or is that just a real "hit and hope" approach ?

Anyway, so far I have 5 DCA written back saying debt is un-enforceable and 7 saying "Unfortunately we do not have the relevant documentation on file so we will be requesting a copy of the CCA from your original lender."

And 1 big one not replied yet

Keeping fingers crossed that I can get rid of these burdens

Willing2Learn

endomorph wrote: »

...I have read several threads today that talk about sending the final letter (once they have confirmed no CCA or time has expired) asking for the monies already paid to be returned !...

The debtor would have no right to have the funds returned. The threads are incorrect.

For clarity, and a detailed explanation of how the CCA submission request works, I suggest you read the article linked below.
https://debtcamel.co.uk/ask-cca-agreement-for-debt/

endomorph

OK so an update on this, most of the DCA have come back and said the client has not been able to provide a copy of the CCA but the balance remains due, please contact us to make arrangements.

As the debts are close to 10 years old, they have been and gone on my credit file, can I just ignore and not pay them ?

sourcrates

endomorph wrote: »

OK so an update on this, most of the DCA have come back and said the client has not been able to provide a copy of the CCA but the balance remains due, please contact us to make arrangements.

As the debts are close to 10 years old, they have been and gone on my credit file, can I just ignore and not pay them ?

Yes you can, but they may still make a claim against you, however you would have a defence of no compliant paperwork, writing to them confirming you will not be paying usually draws their attention elsewhere.

endomorph

OK bit of an urgent one.

One of the debts I have was with Cahoot Bank, which is now owned by Santander.

We also bank with Santander

Can the bank take the money from our current account for the debt without our permission ?

molerat

endomorph wrote: »

OK bit of an urgent one.

One of the debts I have was with Cahoot Bank, which is now owned by Santander.

We also bank with Santander

Can the bank take the money from our current account for the debt without our permission ?

Legal grey area. The code uses "firm" but is vague on what constitutes that term. As both Cahoot and Santander use the same banking licence it may be better to be safe than sorry ! Who is the named debtor and who is the account held by as it is all about legal entities.

D_M_E

Yes, they can - it's called Right of Setoff or something similar, it's highly likely to be in their Terms and Conditions.

endomorph

So the named debtor is Santander.

The DCA gives an account and sort. But if I speak with Santander, they say that account sort does not exist !

I have read up about the set off scenario. Can they still do this even if they have failed to produce the true copy of the CCA ?

Does the fact that the debt has been stated as unenforceable stop them ?