CCA Request - should I go ahead or not

fatbelly

It's unenforceable while the default continues.

As you probably have higher priorities, you could stop paying this one.

But if the agreement does turn up, it becomes enforceable again.

happy2017

fatbelly said:

It's unenforceable while the default continues.

As you probably have higher priorities, you could stop paying this one.

But if the agreement does turn up, it becomes enforceable again.

thank you.  Its been defaulted nearly 5 years now

am i correct in saying if after 6 years they cant provide the cca i can completely forget about the debt or can they come back after 7 years for example? thanks

Rob5342

In my experience they always say they won't be able to supply it in 12 days, it's when it gets to 2 or 3 months that you get a real idea of whether they'll be able to supply it or not. They never outright admit that they can't, it's always something like "we are currently unable to supply it but will let.you know as soon as we can" to try and encourage you to pay them.

stu12345_2

I think it's  if you haven't paid for 6 years or wrote to them in 6 years  it becomes statutory barred.


so basically request the CCA and then act on the reply , if it's in your favour, eg no cca found, then  go quiet, don't pay, don't contact , don't write to them or acknowledge  the debt for 6 years

if they can't find it in that 6 years and it's been 6 years since last payment or 6 years since you acknowledged the debt in writing , then the debt can no longer be chased.

but inside that 6 yr window of last paying or last contact, and  the cca request result was in your favour  but you still  get a 30 day court pre action letter )( but then again why would you get a  30 day court letter if the debt company knew it was going to lose without ever producing a cca)


then you have to reply stating your defence, eg no CCA, or the debt company will win on default cos you never replied your defence

Rob5342

happy2017 said:

fatbelly said:

It's unenforceable while the default continues.

As you probably have higher priorities, you could stop paying this one.

But if the agreement does turn up, it becomes enforceable again.

thank you.  Its been defaulted nearly 5 years now

am i correct in saying if after 6 years they cant provide the cca i can completely forget about the debt or can they come back after 7 years for example? thanks

If you don't.acknowledge it for 6 years then it will become statute barred, which is an absolute defence against any court action. They could still send you a claim form so you can't completely forget about it as you would have to defend it, but you needn't have any concerns then as the statute barred defence would stop any attempted action. That's a separate thing to bring able too supply the CCA.

There are some more details here:

.https://debtcamel.co.uk/statute-barred-debt/

fatbelly

I didn't choose the right words in my last post. The debt is unenforceable under the Consumer Credit  Act while they fail to provide you with a copy of your agreement. If they did either find a copy or accurately reconstruct one, then that hurdle is overcome.

Unenforceability under the Limitation Act occurs when there has been a period of 6 years when you did not acknowledge the debt by payment or in writing

happy2017

Update - received the below from NCO as a reply to my email requesting the CCA.  

States to request formally via letter then stated this will be passed onto the relevant department.

fatbelly

Yes they are correct.

The main reason it needs to be made by letter, apart from the 1974 Act not anticipating email, is that it needs to be accompanied by £1 payment. This is best sent in the form of an uncrossed and blank postal order, which will cost £1.50.

Half the time they just send the po back, but it makes the request formal.

If you want to send the letter signed for, that is also a good idea.

happy2017

fatbelly said:

Yes they are correct.

The main reason it needs to be made by letter, apart from the 1974 Act not anticipating email, is that it needs to be accompanied by £1 payment. This is best sent in the form of an uncrossed and blank postal order, which will cost £1.50.

Half the time they just send the po back, but it makes the request formal.

If you want to send the letter signed for, that is also a good idea.

oh, ive sent them all via email and had emails back acknowledging the request.  Only Cabot requested £1 payment via bank transfer.

happy2017

@fatbelly
All the requests i did was over email, all have replied back and acknowledged the request.  Will the emails be an issue down the line and do you think i should therefore post the request signed for? thanks.