CCA lost

col81

I have 4 debts all 6 years old with debt collection agencies they cannot find the CCA's how likely are they to turn up?

sourcrates

You need to give us a little more information here, how long since you made your request under sec 77/79 ?

What was the response you got ?

Have you been paying these debts ?

col81

Yes they are with stepchange I stopped paying them 2 months ago. I request CCA's in May. None of the debtors can find them they keep sending letters saying the debts are on hold. I have had defaults for all of them

sourcrates

Usually they have to refer back to the original creditors for anything paperwork related, so a request can take a few months to be actioned.
On receipt of your request, the current owner will refer back to the original creditor for the required information, your accounts will be temporarily unenforceable whilst this happens, if they can’t be found, they should write and tell you, is that about where you are at with this ?

col81

Hi, yes that is correct I have stopped paying stepchange and have kept the money I normally pay to one side.

PixelPound

The age of the debts is less important if you were paying up until 2 months ago, just in case you were thinking they were six years old. Also bear in mind that they can produce reconstituted agreements, so it is likely to only be a temporary cessation. 

col81

I have had defaults on all of these debts so they will need to give me a CCJ in order to do that they need to produce the paperwork. I am not paying a penny until they do which after first asking for these in May it looks like they are struggling. After 6 years the defaults will drop off my file. 2 dropped off, 1 in December 2 in May21

sourcrates

col81 said:

I have had defaults on all of these debts so they will need to give me a CCJ in order to do that they need to produce the paperwork. I am not paying a penny until they do which after first asking for these in May it looks like they are struggling. After 6 years the defaults will drop off my file. 2 dropped off, 1 in December 2 in May21

Whilst that is true, as mentioned above, a reconstituted version is sufficiant to satisfy a sec77/79 request.

However, if they don`t possess the original, or any of the information contained on it, and the only info they have is an outstanding balance, then it would be impossible to reproduce what does not exist, in relation to the financial particulars.

Just bear in mind the reason for non compliance could be down to COVID-19 as a number of staff are working from home still.

PixelPound

col81 said:

I have had defaults on all of these debts so they will need to give me a CCJ in order to do that they need to produce the paperwork. I am not paying a penny until they do which after first asking for these in May it looks like they are struggling. After 6 years the defaults will drop off my file. 2 dropped off, 1 in December 2 in May21

The defaults may drop of but you are still liable, six years for statute barred is from last causal action e.g. when you last paid a couple of months of months ago, so you could get a CCJ next year, the year after, or year after that, etc ... Then that's on your credit file for 6 more years from that date!

If you are getting advice from anyone, it's the wrong advice - do you want to wait until you get a CCJ? They also do NOT need to produce that stuff for a CCJ, only if you dispute the claim (no proof required for a default Judgment due to no response).

adamp87

Make sure they have your up to date address just in case a CCJ comes in. It’s possible they will send the agreement in 6-12 months just as it’s also possible they will fluff one together that is incorrect in an attempt to sway you. 

If you have the right address on file you’ll be able to defend any ccj claim if it happened and also keep your head above water for the time being of being safe that any action would come to you.

col81

It looks like sit tight and see if anything happens whilst at the same time saving the money.