Is there anything I can do about this debt? - time limits/enforceability

EssexHebridean

Don't call them - sit tight and see if they respond. 

strenger

Just checked and my letter was delivered on Monday 20th Jan, and their reply was dated 22nd. Google tells me it's supposed to take 12 working days, so if I've not heard any more by this time next week it means it's unenforceable? Should I cancel my payments to them in the meantime?

fatbelly

I agree with Essex. If it doesn't apply they should have said so.

I suspect they're working with very limited information and may have to just accept that it's unenforceable.

I think that's fair and that this bit of the Act shouldn't be deleted, though it probably will be

Why should a debt buyer continue to collect on a debt when they've no idea what it is?

I think the 12 days thing was deleted.a long time ago

strenger

It's now been over 12 working days (plus 2 for posting) since they received my CCA request, and all I've received is the previously mentioned letter returning the postal order, in which they didn't even state that they were acting on my request. Does this mean I should cancel my payments until I get a proper reply, or keep paying?

If I cancel in the meantime, can that cause me problems?

As the debt would have been incurred in 2006 at the very latest, I'm hoping there's a reasonable chance it's unenforceable.

fatbelly

Sorry, didn't pick this up in my last post

Yes, stop paying

sourcrates

Yes stop paying, give them an incentive to act on this.

The account will be "on hold" anyway.

The 14 days response was removed some years ago, expect this to take a good few months, as they have to refer back to the original creditor for any paperwork they may or may not have.

strenger

I've just received a response:

"We write further to your request for account documentation under section 77/78 of the Consumer Credit Act 1974. Unfortunately, the original creditor has confirmed that they are currently unable to comply with your request within the 12-day initial timeframe.

Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.

We will contact you further upon receipt of an update from the original creditor."

I suppose I can now cancel my direct debit and forget all about it until they get in touch. Should I write to them to inform them that that's what I'm doing?

EssexHebridean

You can indeed - well done, and here’s hoping that’s the last you hear! 

Debtor80

strenger said:

I've just received a response:

"We write further to your request for account documentation under section 77/78 of the Consumer Credit Act 1974. Unfortunately, the original creditor has confirmed that they are currently unable to comply with your request within the 12-day initial timeframe.

Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.

We will contact you further upon receipt of an update from the original creditor."

I suppose I can now cancel my direct debit and forget all about it until they get in touch. Should I write to them to inform them that that's what I'm doing?

Thanks for reporting back, a lesson there for everyone.

Their response sounds word for word like Lowell

strenger

An update. I have received the following letter:

"We wish to apologise for the delay in supplying the requested documents with regards to your previous Section 77/78 request as part of the Consumer Credit Act 1974.

Unfortunately the original creditor has been unable to comply with your request and therefore the account is considered unenforceable.

Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.

This completes our obligations under Section 78 of the Act. We will contact you further upon receipt of an update from the original creditor if this information becomes available and the status of the account changes."

So I'm not sure if they're saying the creditor has told them they do not have the information, or if they're saying the creditor needs more time to look for the information.