Unenforceable debt

SRR1972

Hi all

I was paying a very old CC debt to Hoist and after a while I asked for a copy of my CCA - long story short they sold my account on and now the new debt agency is saying they cant find my CCA but because I made a payment last year that this debt is enforceable regardless if they have the CCA or not - is that right ?

Regards

S

sourcrates

It may be enforceable in regard to the limitation period, as it would not be statute barred due to the payments you were previously making.

However, lack of a compliant CCA is another story altogether, and does render the account unenforceable in court.

They appear to be playing mind games with you, you can write back and tell them that you are not questioning enforceability under section 5, of the limitation act, 1980.

Your issue is that failure to supply a copy of your credit agreement under section 77 CCA 1974 is a breach of that act, which results in the debt becoming unenforceable until such time as that breach is remedied.

However long that may be.

SRR1972

Thanks for the feedback

fatbelly

sourcrates said:

It may be enforceable in regard to the limitation period, as it would not be statute barred due to the payments you were previously making.

However, lack of a compliant CCA is another story altogether, and does render the account unenforceable in court.

They appear to be playing mind games with you, you can write back and tell them that you are not questioning enforceability under section 5, of the limitation act, 1980.

Your issue is that failure to supply a copy of your credit agreement under section 77 CCA 1974 is a breach of that act, which results in the debt becoming unenforceable until such time as that breach is remedied.

However long that may be.

This is 100% correct.

If they send something that purports to be a copy of your agreement, we can have further discussions.