CCA Request - Response next steps

happytimesahead

Good morning!

I’ve sent off 3 CCA requests last month, 2 to Cabot and 1 to Moorcroft (debt owned by Capquest).

Cabot have responded to both to say they are still processing the requests, but until they can provide the information the accounts are unenforceable.

Moorcroft have only said they have referred the request to their client for processing and will be in contact once they receive further info.  

Would the general consensus be to stop all payments to these accounts now (and be ready to recommence if they find the CCAs)?

Cabot having clearly stated they are unenforceable at the moment feels like it’s sensible to stop payments, and in a few months make a low settlement offer. Does anyone suggest I inform them I’m stopping payments as it’s unenforceable, or do I just do it? I’m trying to work out what might help with the settlement offers in the future!

Same with Moorcroft, have other stopped payments whilst they process the request, and did you inform them why you were doing so?

Thanks for any advice!

stu12345_2

you pay nothing whilst they are searching. your account  is frozen  , they are required to tell you it's unenforceable until they find the cca, that's if they ever do

they may at any point write to you saying the cca has now been found, here is a copy, it is now enforceable 

if they do find it, just commence debt management repayments to pay back the debt or make them an offer 

if the cca is legit then it's harder to get a very cheap discount offer, then again if they can't find the cca  they will offer you a good discount cos they know they will probably never find it

thats a risk you take pay them a tiny amount cos you reckon they will never find it or pay them nothing  ever, then one day it appears and you lose that great discount they offered.

but if they can't find it after 3 months they will never find it, and hence never offer them a penny in the future,even if they offer a good discount at that point 

Tesco found mines in 11 days, pra took 2 months, moorcroft had to ask RBS to find it, it took one month 

happytimesahead

Perfect thanks Stu that’s helpful. I’ll stop the standing orders until (if) they find them and if it’s been a couple of months and it’s looking unlikely, see if a substantial settlement offer might be on the cards to try and avoid it being found further down the line! 

DjangoUnchained

as above, definately dont pay anything until they supply a CCA or reconstituted one, and then check it carefully. Most likely they wont be able to supply it and if you wait 6 years without paying them it will be forever unenforceible.

Brie

Interesting article from DebtCamel about how the company unable to find a CCA must state that a debt is unenforcable or be fined if they don't.  

HSBC pays compensation for not saying a debt was unenforceable · Debt Camel

Sly72

Heads UP Capquest never provided mine, so unenforceable did not pay but passed it onto solicitors to start CCJ action, requested CCA again, it was provided so set up a payment plan no CCJ action.