Unenforceable debt texts threatening legal
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Suseso
Posts: 13 Forumite
About a year ago I wrote to my debtors and asked them to provide the CCAs. Neither Link nor Cabot could provide the CCAs and said the debts were unenforceable. I ignored all phone calls for a month and haven't heard from Cabot since. Link have been more persistent but I've carried on ignoring them and got a text from them yesterday saying if I continue to ignore them then my account will be passed to their pre-legal team to assess the account for potential legal action. Is there a reminder letter I can send reminding them that the debt is unenforceable and not to contact me again until they can provide a CCA?
I did a search but only statue-barred letters came up.
Thank you
I did a search but only statue-barred letters came up.
Thank you
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Comments
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If they have not been able to provide the CCAs then they can threaten whatever they want, they cannot take action without them.
https://nationaldebtline.org/fact-sheet-library/credit-agreements-getting-information-ew/
"If the creditor does not send you a copy of your agreement and a statement of account within 12 working days, then they are not allowed to take further action against you to enforce the agreement in the court until they do so.If there never was any written agreement, the creditor cannot send you a copy. If this is the case, the creditor should tell you. But, if the creditor has simply lost your agreement, they must provide a ‘true copy’ with the same details.
In the meantime, the creditor cannot:
make you pay off your debt before you’re supposed to;
get a court judgment against you; or
take back anything you've hired or bought on credit, or take anything you used as security (like your house) when you took out the agreement."
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You can just ignore texts
If you get a formal preaction letter it will come through the post with a reply form that you can use to tell them that court action will be defended
I doubt you'll get one, because their notes will tell them it is unenforceable. But you never know.0 -
Thank you so much, I'll continue to ignore then. 😊0
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Just keep in mind you only need respond to letters, nothing else.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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