Asking creditors for CCA and accounts - FCA changing the rules soon?

CoyKarp

I understand from a previous discussion I had on here that the FCA are in the process of taking over the process of dealing with old debt. From Google: 'The current rule, where a failure to provide a "true copy" of the CCA within 12 working days makes a debt unenforceable, is under review.'

Is anyone here acting on this? I have a number of ancient CC debts dating back to around 2012 that have long fallen off my credit record. (I have continued to pay them all a tiny amount per month.) One of the creditors suddenly escalated last year and I sent them a template 'send me a copy' letter and it proved unenforceable.

Is it worth pre-empting any impending FCA-related changes by sending the same template letter to all my creditors (all debt collection companies) to see what happens? Or could that open a huge can of worms?

Thanks!

SPM87

that rule is worthless anyhow, if they find after the 12 day date they can and will still use it as proof and be able to enforce in theory.

ManyWays

This is totally worth doing now for all these old debts. Why wait longer?

There is a good, legally accurate template letter to use in this link:

Credit agreements | Getting information | National Debtline

sourcrates

Whilst sec 77 of the Consumer credit act is a worthy weapon in your arsenal, it is not the only tool available to you.

I`m guessing a creditor would still need to evidence proof of liability to a court, or when asked for by the debtor, so sending the "prove-it" letter should still get you a similar result.

The consumer credit act is been re-evaluated as a whole, one possible reason for repealing sec 77 would be that asking for proof of liability has always existed as a tool for the debtor anyway, so there is no real need to have a formal right that also requires a payment of £1.

It may be a completely new set of rules are been considered, the Government has gone very quiet on this subject of late.

fatbelly

They will be replacing most of the Consumer Credit Act with something vague and wooly - an extension of the 'consumer duty'. So use s 77-9 while you can

CoyKarp

https://forums.moneysavingexpert.com/discussion/comment/81966816#Comment_81966816

Is there any cut off on this at all after the 12 days? Or is it just left hanging there until someone happens to dig up the records? The people who chased me responded within 12 days (impressive as it was over xmas) but have been silent in the 3+ months since, and continue to send me letters about the debt.

CoyKarp

[added: this is a reply to ManyWays above - don't know why it didn't quote]

It's kind of a gamble though - I guess the worst case scenario is that several of them do them find the CCA and accounts and then start pushing me with debt collectors and then court threats.

CoyKarp

https://forums.moneysavingexpert.com/discussion/comment/81966957#Comment_81966957

It's a tempting experiment perhaps…!

SPM87

https://forums.moneysavingexpert.com/discussion/comment/81967216#Comment_81967216

what you want is the proof to not be there so the 12 days becomes not relevant. I asked for documents of one of my mine who were threatening legal action cus I thought they were trying it on. 4 weeks ago this was now. The documents are slow to show up. I know the company got bought out also and its been a number of years since this was taken out.

to me, it is all about lack of documentation and time is the best weapon cus DCAs don't have the documents when bought. It is all a case of managing them down overtime, if that means a small token gesture to allow time to do its thing so be it