Can someone check this CCA request reply please

Dunover51

Could someone check a reply I got from Link Finance when I requested a copy of my CCA agreement please? I am currenty on a DMP which I have today cancelled the direct debit to as I made the CCA request at the beginning of Jan 2020 and didnt hear anything til today, then this arrived in the post:

We wish to apologise for our delay in supplying the requested documents in regards to your previous Section 77/78 request as part of the Consumer Credit Act 1974.
Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendors documentation has not been received in the 12 working day timescale.
Although the account is currently unenforceable until such time the vendor documentation has been received the outstanding balance remains colectable and it is acceptable for creditors to register and continue the reporting of a default.
This completes our obligations under Section 78 of the ACT.

I am worried about the last part about the balance remaining collectable and about the creditors continuing the reporting of a default? Should I stop paying or continue, I'm confused and a bit stressed about it.

Willing2Learn

As stated, they have not been able to provide with a 'True Copy' of your original agreement.  The debt becomes unenforceable, although you are still liable.  This means that while the account is unenforceable via a court, Link can still send you a statement of account every six months or annually.

I therefore recommend you stop all further payments to Link until they can provide you with compliant paperwork.  If you wanted to, you could deposit the monthly payments into an account that pays interest.  That could then be the start of your Full & Final settlement pot.

Dunover51

So you dont reccomend a one pound a month nominal payment? I am concerned they will start knocking on the door, I had to move back with my parents when life went into the bin and they are in their 80's so I dont want to worry them but at the same time I've had enough of this debt

Willing2Learn

No-one will start knocking on you and your parents front door.  It won't happen.  There would be no point.  Link will be suspending their collection activity, (apart from sending you an annual statement, to remind you of your liability).

Link can ask you to pay the debt but, if you don’t, they can’t do anything. They can’t hassle you to pay it. A polite letter every 6 months or a year is fine – frequent letters, texts or phone calls aren’t. 

When a debt is unenforceable, that should be mentioned in any letters asking for payment.

Dunover51

Thank you so much, this is so ressuring. It took o long to summon the courage to do this and I've faltered every step of the way and without the help from you guys I'd still be paying my 9yr old DMP with another 7 years to go. How long do you think I should igive it before i ofer full and final settlements? 

sourcrates

Dunover51 said:

So you don`t recommend a one pound a month nominal payment? I am concerned they will start knocking on the door, I had to move back with my parents when life went into the bin and they are in their 80's so I don`t want to worry them but at the same time I've had enough of this debt

Its a standard DCA response to a section 77/79 request, where they have not been able to comply with the legislation, so relax, I don`t think Link have a door knocking dept, so i would not worry.

Only a few DCA `s still use doorstep collectors, resolve call is one that springs to mind, there are a couple of others who still do it in a vain attempt to extract money from you, search on YouTube, theirs a lot of funny vids on there of people telling them to fornicate off basically.

Your tiny debt is floating around in a pond full of debts, and no creditor is going to spend time and money chasing up an unenforceable debt, why would they ?

All you will get is the odd letter or call, just tell them your not paying, its that simple, keep everything in writing only, do not be tempted to get into a conversation over this, as that`s where they try to trip you up. they will soon scurry off and find someone else to harass.

You may find the debt gets sold on again, and you will need to rinse and repeat your actions with the new owner, you simply write and tell them the account is unenforceable because........

That usually does the trick, also if you keep paying money, the debt will never become statute barred

Dunover51

Sourcrates, thank you too for your advice and perspective, youre right of course but it is sometimes hard not to shrink back into the cowed down person I was when this all first started. Its been hard but so worthwhile thanks to you guys. I've kept all the paperwork, there are three debts, this Link one is through Wescott so I hope that dosent make a difference. The other two debts are with PRA who keep sending me a blurred unreadable copy which I keep sending back( a copy) and asking for a readable one, this is taking longer and longer in between them sending letters, and NCO who wrote to say they were looking for the CCA and I've heard nothing since, their letter didnt say it wasunenforceable while they look but I know it is (hope thats right).
Ive cancelled my step change direct debit today which gives me a month to stop the DMP. 
Finally this weight has become weightless, I can't quite get my head around it.

sourcrates

Obviously the choice of what to do is yours and yours alone, it can be tough, because everyone thinks there debt is foremost in the thoughts of all their creditors, they think they are constantly been monitored, and expect the door to be kicked in at any moment if they don`t pay.

Of course that is complete and utter rubbish, although its an image debt collectors do not discourage, in reality, nothing could be further from the truth,
You are a tiny fish, in a massive pond, to them you are simply a reference number, they buy up debts in bulk, not knowing if they are enforceable, or not, they basically take a punt on every one, every debt to them is a gamble, which is why its so important for you, the debtor, to do a section 77 request.

Its the only way to find out the truth, and you are correct in that any copy agreement supplied, must be a legible copy, you must be able to read it, how else can you determine your position ?

If you choose  to stop your payments, my advice to you is, if they keep writing to you, write back  and state categorically you are not paying due to their failure to supply the requested documents, end of, that`s all you need to do.

Dunover51

This is the sort of thing that I needed to know, thank you. It completley knocks everything out of you when you go down the financial tube. I was a confident person who thought nothing of taking on any stress. I ended up scared to even make or answer a phone call. I finally kicked myself in the right direction after lurking here for a long time discovering CCA requests. It took months to actually do it and I still can't believe I've gone  ahead and done it and in the process am now actually looking forward for the first time in years. :-) THANK YOU!