Advice about CCA requests and what next after responses

matt195

Morning, I will be as concise as possible. I have 6 debts, all in default, within 12 months all 6 will be over 6 years old. I have been maintaining them myself for years using income and expenditure sheets and paying them all minimal amounts as thats all I can afford. I am dealing with PRA, Link x2 Avarto Wescot and Intrum. 5 are credit cards and 1 is overdraft, they total more than 35K. I have sent CCA requests to LINK (ex Bcard and Coop) Intrum (ex Tesco) and PRA (ex MBNA) I didnt send one to Wescot as they manage it for Santander and the Arvato is the overdraft one. PRA and Intrum have replied saying that they have suspended collections while they attempt to get the information. Link have replied saying neither original company can supply the agreements within the 12 days so the debt is unenforceable however the outstanding balance remains collectable and it is acceptable to register and continue reporting the default. 
So my question(s) are Do I write to Link saying as its unenforceable I am suspending payment until the find the CCA? (I have stopped paying Intrum and PRA as they have said that the account in on hold)
Also I may be in a position to offer small full and final settlements to everyone, as a family member wants them all off my back. Whats your advice? Negotiate? Or just stop paying? 
Many thanks to everyone

sourcrates

Lets get one thing clear, when you take out any consumer credit act product, be it a loan, credit card or whatever, you sign a credit agreement agreeing to the T`s & C`s of that agreement, and it is then countersigned by the creditor, you get your credit product, and you each keep a copy of the agreement, theirs gets filed away.

That agreement, unless purged after a certain amount of time, never otherwise leaves that creditor, even if the debt defaults, and gets sold, that paperwork does not get sold with it, it is always retained by the original creditor, unless, as stated before, it gets purged from their systems due to the length of time they keep records for, which varies creditor to creditor.

So these debt purchasing companies who buy your old debts, do so in the full knowledge they have no legal right to ask you for payment, as they do not hold a physical or digital copy of the agreement pertaining to that account, this is why its vitally important for the debtor to ask for evidence of liability, as its the only way to find out if they have bought a peach, or a lemon.

You don`t really have to do anything until they provide you with what you have asked for, the debt is unenforceable until they respond otherwise, it may be a good idea to get some funds together in order to make settlement offers, and yes, you do negotiate, as hard as you like, it may take some time, so its up to you how much your willing to settle for, and how much effort to put into your dealings with them.

Just make sure anything that is agreed, is done so in writing, and with the condition that the remaining balance will never be chased, by them, or their agents, then your good to go.

Suseka97

Just to add to what's already been said by sourcrates, and reinforce the comment that you do, and should, negotiate as hard as you like and that it may take some time.

I have 3 x UE's with the PRA group and they've stayed that way for over 3 years now.  The PRA are quite stubborn when it comes to F&Fs and so they will not enter into any sort of agreement if they've only recently reported to you that its currently unenforceable.   You should stop making any payments and leave it a while before dipping your toe into F&F territory with them.

You may find LINK and Intrum are more open to early offers and of course there's no harm in doing so to any of them, but don't expect them to jump at offers if only recently reported as UE.  It's now a bit of a waiting game.

DjangoUnchained

Sorry if ive asked this before but, as someone who has an UE debt with  one of the companies above who after 4 years still havnt supplied the cca and i havnt made any payment or acknowledgement , then why should i even negotiate? cant i just waut another 2 yrs and it becomes statute barred?

sourcrates

DjangoUnchained said:

Sorry if ive asked this before but, as someone who has an UE debt with  one of the companies above who after 4 years still havnt supplied the cca and i havnt made any payment or acknowledgement , then why should i even negotiate? cant i just waut another 2 yrs and it becomes statute barred?

It`s entirely your choice how you want to deal with it, yes, that is another option, in fact its the usual end most unenforceable debts meet.

matt195

Thanks for your help. Theses accounts were opened many years ago. One was 1999. I will sit tight for a while then see what happens. Do you have any advice about Arvarto (holding the overdraft) or Wescot who collect the other for Santander? 

EssexHebridean

Bumping this to see if anyone can help with your final question there.

matt195

I may be being daft, but can someone also explain what the difference is between pre and post 2007 agreements? Thank you

sourcrates

matt195 said:

I may be being daft, but can someone also explain what the difference is between pre and post 2007 agreements? Thank you

This ''loophole'' is a valid part of the Consumer Credit Act 1974 known as 127 (3) which was revoked in the 2006 Amendments, however the amendment was not retrospective. 

Therefore 127 (3) of the 1974 Act STILL applies to consumer credit agreements executed prior to April 2007.

127 (3) reads....

Quote:

Originally Posted by CCA 1974 (3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)