CCA’s can’t be provided.. Now what? What needs to be included on a full & final settlement offer?

-taff

There are no repercussions to not paying except they'll send you letters to say you owe money. And this will happen every time they sell the debt on/every year. If you can live with that, why bother with the F&F?

DogFace

Delichon said:

DogFace said:

Here’s what I was thinking:

“As you are unable to produce the CCA agreement, this debt is unenforceable and I have been advised that I could cease payments, without repercussions, especially considering that the default is due to drop off my file next year. ......''

Can I ask about your reference to 'repercussions' in connection to  the fact that the default is due to drop off your file next year?   What has the potential disappearance of the default to do with the likelihood of the creditor accepting your F&F offer or not?  Just interested as it may be useful information for someone I'm trying to help who is in a similar boat to you.

Thank you

I just meant like “considering this will only even effect my credit score until next year, there’s not much of an incentive for me to really up my offer”.... but apparently that’s meaningless... which is always lovely to hear after you’ve just explained how much anxiety the situation is chasing you 🙃

I’m making this small gesture because I just want it to be done with. I don’t want the risk of them locating the CCA. I just want to be, officially & legally, free!

[Deleted User]

DogFace said:

Delichon said:

DogFace said:

Here’s what I was thinking:

“As you are unable to produce the CCA agreement, this debt is unenforceable and I have been advised that I could cease payments, without repercussions, especially considering that the default is due to drop off my file next year. ......''

Can I ask about your reference to 'repercussions' in connection to  the fact that the default is due to drop off your file next year?   What has the potential disappearance of the default to do with the likelihood of the creditor accepting your F&F offer or not?  Just interested as it may be useful information for someone I'm trying to help who is in a similar boat to you.

Thank you

I just meant like “considering this will only even effect my credit score until next year, there’s not much of an incentive for me to really up my offer”.... but apparently that’s meaningless... which is always lovely to hear after you’ve just explained how much anxiety the situation is chasing you 🙃

I’m making this small gesture because I just want it to be done with. I don’t want the risk of them locating the CCA. I just want to be, officially & legally, free!

Sorry, DogFace, I didn't mention anything about being meaningless and am very sorry if you think I did.  I assume you are linking directly back to something I said. i would certainly not underestimate your anxiety.  I'm finally debt-free myself now but will never forget the overwhelming feelings of impending doom when something didn't go according to plan or any DCA didn't 'play nice'.  I was just asking you for a bit more clarification about what you said because I'm trying to help someone who is in a similar boat to you and I'm not knowledgeable about all the ramifications of F&Fs even though I was lucky enough to have my own accepted eventually. 

DogFace

Delichon said:

DogFace said:

Delichon said:

DogFace said:

Here’s what I was thinking:

“As you are unable to produce the CCA agreement, this debt is unenforceable and I have been advised that I could cease payments, without repercussions, especially considering that the default is due to drop off my file next year. ......''

Can I ask about your reference to 'repercussions' in connection to  the fact that the default is due to drop off your file next year?   What has the potential disappearance of the default to do with the likelihood of the creditor accepting your F&F offer or not?  Just interested as it may be useful information for someone I'm trying to help who is in a similar boat to you.

Thank you

I just meant like “considering this will only even effect my credit score until next year, there’s not much of an incentive for me to really up my offer”.... but apparently that’s meaningless... which is always lovely to hear after you’ve just explained how much anxiety the situation is chasing you 🙃

I’m making this small gesture because I just want it to be done with. I don’t want the risk of them locating the CCA. I just want to be, officially & legally, free!

Sorry, DogFace, I didn't mention anything about being meaningless and am very sorry if you think I did.  I assume you are linking directly back to something I said. i would certainly not underestimate your anxiety.  I'm finally debt-free myself now but will never forget the overwhelming feelings of impending doom when something didn't go according to plan or any DCA didn't 'play nice'.  I was just asking you for a bit more clarification about what you said because I'm trying to help someone who is in a similar boat to you and I'm not knowledgeable about all the ramifications of F&Fs even though I was lucky enough to have my own accepted eventually.

It wasn’t you, don’t worry! Sorry for the misunderstanding!
I just feel like I’m getting conflicting advice and have no idea what to do. Considering that I obviously have a terrible history with managing my money, I’m pretty certain I’m going to mess it all up and cost myself thousands

Willing2Learn

If it were me, I would not pay a penny toward an unenforceable account.  You can still get a mortgage with defaults on your credit files.  You would simply need the services of a good mortgage broker...

DogFace

Ok.. but at what point can I totally relax that they can’t do anything? I know it’s unlikely that they’ll ever find the CCA but when can I be certain that it doesn’t even matter? Like, when can I stop updating my address with them etc?

Willing2Learn

DogFace said:

Ok.. but at what point can I totally relax that they can’t do anything? I know it’s unlikely that they’ll ever find the CCA but when can I be certain that it doesn’t even matter? Like, when can I stop updating my address with them etc?

DebtCamel say the following:

There is a small chance that the CCA agreement could be found later. This seems to be rare – if the debt collector hasn’t found in in the first few months the chances of it turning up later seem very low! To prevent that being a problem, and to stop the odd polite letter, you may decide to offer them a really low settlement amount, say 5%.

Incidentally, PRA have previous form for trying to collect on an account that is unenforceable...(ie the court judgement went against them). 

5cedc3ce38

they sent a statement so I guess all of this is tactics to wear me down. And youre right, I am overthinking all of this!