CCA Response, unenforceable?

Dma76

Hi could somebody cast their eye over the attached and verify this means it's unenforceable? As we can see they cannot find the CCA, for now at least, but do not want to use the correct wording in an attempt to get me to pay (Not that I object to paying, I borrowed the money but it's not a priority debt at the moment!). Am I reading this correctly? I'm surprised they haven't created a reconstituted CCA, I suppose they could still do this.

Rob5342

They haven't provided the agreement so it's unenforceable, they are trying to cast doubt in your mind to try and get payments from you, which is typical of how these companies operate. Just say you won't be paying anything until they produce the cca and ignore them until they do. The "further recovery action" phrase gets used so often its laughable, they use that phrase to try and make you think they mean legal action but all it means is that their computer will generate another automatic letter. 

ManyWays

How long ago was the card opened? If it was a long time, HSBC may not have kept any records. 

fatbelly

Just tell them you have higher priority enforceable debts and won't be making payments

Dma76

Thanks for the replies all, I'll just sit tight and see what happens next. In other news whilst I go down my dmp route I've also got Cabot ignoring a cca request, I know they got the request because I sent it recorded delivery and they signed for it, instead they would rather do automated calls and more letters with threats, do I remind them or do I keep quiet as seen as I have evidence of the request?

@ManyWays

To answer your question the HSBC account was taken out in a failed attempt at reducing payments / interest, I am quite surprised they can't produce a CCA as it's probably just over 2 years old.

Grumpelstiltskin

Dma76 said:

Thanks for the replies all, I'll just sit tight and see what happens next. In other news whilst I go down my dmp route I've also got Cabot ignoring a cca request, I know they got the request because I sent it recorded delivery and they signed for it, instead they would rather do automated calls and more letters with threats, do I remind them or do I keep quiet as seen as I have evidence of the request?

@ManyWays

To answer your question the HSBC account was taken out in a failed attempt at reducing payments / interest, I am quite surprised they can't produce a CCA as it's probably just over 2 years old.

Just ignore Cabot unless you get a letter before action or they send you something, don't contact them.

ManyWays

the HSBC account was taken out in a failed attempt at reducing payments / interest, I am quite surprised they can't produce a CCA as it's probably just over 2 years old.
that is very surprising

sourcrates

Some lenders record keeping is atrocious, we have seen 2/3 year old accounts previously on these boards where no paperwork could be produced, so it doesn't surprise me in the least, a lot of firms are simply incompetent.