What happens with a failed CCA

Fluffysocks23

Just wondering, in the process of sending CCA requests to creditors. 

Say they fail to produce a CCA - which I’m presuming some of the DCAs will not hold from looking at some other threads. 

What happens to the debt? Will it get passed back onto original creditors? 

Or will the wipe it off my record if they cannot provide me with the CCA? 

Just had a look at my credit report and the DCA have been added to it with the debts they’ve bought. 

So if they cannot enforce the debt do I have to wait till it’s status barred for it to be removed. 

I feel like it’s still going to be a weight hanging above me if I’m not paying it off. 

Has anyone had any experiences with this? Is it still on your record? Were you able to get any large amounts of finance (I.e mortgage)  after stopping paying . 

I want to try and get a mortgage within the next 3 years you see so I’m stuck between being a silly sock and paying them off just so it’s gone! 

Rob5342

All that changes if they can't produce the CCA is that they can't take legal action to enforce the debt, they can still ask you to pay the debt. What the DCA does will be some combination of keeping quiet, asking you to pay the debt, offering you a discount and selling the debt to someone else. It will drop off your credit report 6 years after the default date. Being statute barred is a seperate thing, imagine there is a clock that starts counting when the debt defaults, and gets reset to 0 when you make a payment or acknowledge the debt in writing. The debt becomes statuted barred when that clock gets to 6 years. 

The default will stay on your credit report even if you pay the debt off. When were the default dates?

I have a debt with PRA that they couldn't provide the CCA for when I requested it almost two years ago. The debt is still on my credit report, and they write to me every few weeks offering a 15-20% discount and they phone me every day or asking me to contact them (I've blocked the number but their messages still end up on my answerphone)

Fluffysocks23

I’m just wondering how that would affect getting a mortgage if there is still debt outstanding? 

Maybe possibly only getting a higher interest rate? I know I won’t be able to go to certain lenders due to the credit history

DjangoUnchained

i had a debt with PRA they couldn't produce the CCA, i never started paying them so i couldn't stop lol. the thing was on my credit report for only  2 years and then inexplicably disappeared. 6 years have come and gone so its now statute barred. They are still phoning me but the number is blocked so sometimes they leave a recorded message asking me to call them sometimes not. It really doesn't bother me. 

Rob5342

Fluffysocks23 said:

I’m just wondering how that would affect getting a mortgage if there is still debt outstanding? 

Maybe possibly only getting a higher interest rate? I know I won’t be able to go to certain lenders due to the credit history

Debt Camel has an article on this:

https://debtcamel.co.uk/mortgage-recent-defaults/

How many debts are there and what are the default dates on them all?

Fluffysocks23

Rob5342 said:

Fluffysocks23 said:

I’m just wondering how that would affect getting a mortgage if there is still debt outstanding? 

Maybe possibly only getting a higher interest rate? I know I won’t be able to go to certain lenders due to the credit history

Debt Camel has an article on this:

https://debtcamel.co.uk/mortgage-recent-defaults/

How many debts are there and what are the default dates on them all?

Thanks for you reply. 

I wouldn’t know off the top of my head to be honest. 

Some of the DCA debts defaulted prior to being sold, and as far as I’m aware haven’t defaulted. 

I think I’m just going to token payment my DMP this month as it’s just a lot to get my head round and plus the extra cost of 15 stamps and 15 postal order £1s 

I initially was going to pay off the debts that weren’t with DCAs then deal with them separately. And await them giving me either a lesser amount to pay or not having to pay it at all. 

I suppose I’m jumping the gun looking too far ahead really thinking about a mortgage!

I paid a token payment last month to my DMP and then one of my credit cards started charging interest £25 to be exact !  

RAS

Stop paying anyone who hasn't set up a default. 

Check your credit record for free, via the MSE advice and avoid paying anyone marking your file as AP (Arrangement to Pay) as AP markers wreck your credit record for 6 years after the debt is settled, which can be many years after  a default after would have been recorded against the debt.

Fluffysocks23

RAS said:

Stop paying anyone who hasn't set up a default. 

Check your credit record for free, via the MSE advice and avoid paying anyone marking your file as AP (Arrangement to Pay) as AP markers wreck your credit record for 6 years after the debt is settled, which can be many years after a default was recorded against the debt.

I use clear score they either say in default (since I paid a token payment) , in arrears or special arrangement 

so I just not pay anyone for a few months! Makes me feel cheeky!
is it not better to pay the ones I’ve not defaulted with if that’s the case.. 

Floss

Fluffysocks23 said:

RAS said:

Stop paying anyone who hasn't set up a default. 

Check your credit record for free, via the MSE advice and avoid paying anyone marking your file as AP (Arrangement to Pay) as AP markers wreck your credit record for 6 years after the debt is settled, which can be many years after a default was recorded against the debt.

I use clear score they either say in default (since I paid a token payment) , in arrears or special arrangement 

so I just not pay anyone for a few months! Makes me feel cheeky!
is it not better to pay the ones I’ve not defaulted with if that’s the case.. 

No, because those will still add charges & you need them to default. Don't worry about feeling cheeky!

Stop paying all the ones that have not defaulted while saving as much as you can in an emergency fund  as you won't be able to use credit if you need a car repair/ new washing machine/ roof fixing.

Rob5342

It would be useful if you could list the debts with their default dates and how much you are paying. Some companies can be very difficult when it comes to defaulting accounts, if any are small enough then focusing the money on those and paying them off may clear the arrangement to pay marker sooner than when a newly acquired default would drop off.

Grumpelstiltskin

Remember when you send Postal Orders don't put the company name on them just send them blank. Some companies don't cash them and send them back to you. If you get a blank one back you can either hang on to it to use  again if you need to or just cash it.