Unenforceable debt texts threatening legal

Options
Suseso
Suseso Posts: 13 Forumite
First Post Name Dropper
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 

Comments

  • pmartin86
    pmartin86 Posts: 764 Forumite
    First Anniversary Name Dropper First Post
    Options
    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."


  • fatbelly
    fatbelly Posts: 20,773 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    edited 15 May at 8:51AM
    Options
    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.
  • Suseso
    Suseso Posts: 13 Forumite
    First Post Name Dropper
    Options
    Thank you so much, I'll continue to ignore then. 😊 
  • sourcrates
    sourcrates Posts: 29,104 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Options
    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-letter
Meet your Ambassadors

Categories

  • All Categories
  • 12 Election 2024: The MSE Leaders' Debate
  • 344.1K Banking & Borrowing
  • 250.4K Reduce Debt & Boost Income
  • 450.1K Spending & Discounts
  • 236.2K Work, Benefits & Business
  • 609.5K Mortgages, Homes & Bills
  • 173.5K Life & Family
  • 248.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards