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Best response to Cabot Financial when they say they are unable to provide me with the CCA?

Hi, hope everyone is having a good Friday so far. 

I am 6 years into a DMP, (managed by PayPlan). My defaulted accounts from 2019 and early 2020 are gradually starting to drop off my credit files now, so things are finally starting to look positive again (and I have paid off almost £38k of debt). I will be in a position to make f&f settlement offers next year, but on the advice of some forumites, I have requested CCAs from all the companies my debts were sold to. As I understand it, if they can't produce the CCA, they don't have a leg to stand on, and I could stop paying /not offer a f&f settlement. 

This morning I received a letter from Cabot Financial re my Bank of Ireland /PO credit card, which defaulted in September 2019.  The monthly repayment is £10.01 and the outstanding balance is £491.73:

Their response:

"Your request for information under the Consumer Credit Act 1974

Unfortunately, it appears that Post Office are unable to provide the requested documentation. If at any stage the documents were to become available, we will forward these to you and the account will become enforceable once more if received within the relevant limitation period.

What does this mean?

This means we are not permitted to obtain a County Court Judgment (CCJ) or a Warrant for Diligence against you.

We shall continue to report the status of your account to the Credit Reference Agencies accordingly during this time.

Although your account is unenforceable, the balance remains payable and due. 

Where you have an existing repayment arrangement with us, we shall continue to honour and regularly review this unless you miss your payments. Please note that any repayment arrangement does not affect, modify or vary the original terms of the credit agreement, we have just relaxed them to assist you with your current financial circumstances.

Please contact our Customer Operations Department on 0344 556 0263 if you would like to discuss the repayments."

What would be the best thing for me to do now? Should I just ignore them and stop paying, or contact them to advise that I don't intend to pay until they can produce a CCA (and remind them that after this month, the account won't show on my credit files, so there won't be any reporting as such?). 

I would really appreciate some sensible advice!

Many thanks. 

Comments

  • ManyWays
    ManyWays Posts: 1,514 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Reply saying as the debt is unenforceable you will not be making any further payments and ssk for any future contact to be by letter.
    After this, ignore contacts, but keep a list of them if they start to become very frequent. 
  • sourcrates
    sourcrates Posts: 31,823 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 12 September at 3:11PM
    Agree with the above, don`t waste too much time with this one.
    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
  • Rob5342
    Rob5342 Posts: 2,491 Forumite
    1,000 Posts Third Anniversary Name Dropper
    I agree too, there's no point spending much time on it as they'll always try and push for payment. Tell them once and then ignore it completely unless they do eventually produce it or send an LBA which they probably never will. 
  • np1v08
    np1v08 Posts: 20 Forumite
    Fourth Anniversary 10 Posts Name Dropper Photogenic
    ManyWays said:
    Reply saying as the debt is unenforceable you will not be making any further payments and ssk for any future contact to be by letter.
    After this, ignore contacts, but keep a list of them if they start to become very frequent. 
    Thanks for this advice. Much appreciated. 
  • np1v08
    np1v08 Posts: 20 Forumite
    Fourth Anniversary 10 Posts Name Dropper Photogenic
    Rob5342 said:
    I agree too, there's no point spending much time on it as they'll always try and push for payment. Tell them once and then ignore it completely unless they do eventually produce it or send an LBA which they probably never will. 
    Thanks, I don't want to give them an opening, if possible.  So, they are unlikely to send me an LBA because ....they don't have the CCA, and /or because the debt is relatively small and not worth the time and money to pursue it further? 
  • np1v08
    np1v08 Posts: 20 Forumite
    Fourth Anniversary 10 Posts Name Dropper Photogenic
    edited 12 September at 3:11PM
    Agree with the above, don`t waste too much time with this one.
    Cheers, good to know that's the right approach. 
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