Cannot produce CCA

Sky_High

Finally after year's of debt, i am now down to the last creditor. (A certain well know debt collection agency, has been acting on behalf of the bank in question.) The debt is over £6k.

I requested a CCA, which they have now answered today, stating that the bank cannot provide a copy of the agreement. Then go onto say they believe the outstanding balance is correct, and remains due for payment.

Correct me if i am wrong, but can not tell them to take a hike.!

Any help appreciated.

Grumpelstiltskin

Yes, just don't pay anything, either ignore them or tell them you are not paying because of the lack of CCA.

They will probably persist but you can always tell them you will see them in court .

Sky_High

Does this still apply, even though i had been making payments towards the debt,? And i live in Scotland, as the laws differ here slightly.

Thanks.

ManyWays

which bank? How long ago was the account opened, a loan or credit card?

I suggest replying asking them to confirm that the debt is unenforceable in court, quoting the FCA's CONC 13:

CONC 13.1.6

1. Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
2. In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
3. In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.
4. The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

This is based on the Consuer Credit Acti. the fact you are in Scotland is not relevant.

fatbelly

According to National Debtline, the provisions of the Consumer Credit Act (cca) still apply in Scotland

https://nationaldebtline.org/get-information/guides/credit-agreements-getting-information-s/#what_if_the_creditor_does_not_reply_to_my_consumer_credit_act_request_under_sections___and_

So providing this is a cca debt, like a loan or credit card, and you made the request formally under s77-9 then although this factsheet tries to blur the unenforceability issue, those sections clearly state that the debt is unenforceable until they comply

Sky_High

Hi

Original debt was with Abbey national (Cahoot loan) nearly 20yrs ago. Moorcroft have been acting as agents for Santander. I requested the CCA on 14/03/26 (Sat) They acknowledged the request 26/03/26.

Today i finally received the letter 25/04/26 , Stating Santander cannot supply the CCA. , but they claim their client believes the outstanding balance of £6k is correct, and remains due for payment..

Thanks

sourcrates

https://forums.moneysavingexpert.com/discussion/comment/81976852#Comment_81976852

Yea, there just saying "we know the debt is unenforceable, but can you please pay us anyway, as we need the money, thanks".

Basically this debt is now dead in the water, they will likely still pursue this account, but their collection activity will be based on how your credit score will be much improved if you pay off this debt, and they will prey on the fact you may not be able to obtain further borrowing etc etc.

They can no longer use the threat of legal action as that is now off the table, so they have to use other methods to persuade you to pay.

You can ignore all of it, as they cannot invoke the civil procedure rules now, as one of your rights is to ask for a copy of the credit agreement, without which legal action cannot commence, so stay off the radar, and eventually this debt will succumb to the limitation act, and go statute barred, happy days.

Sky_High

Thanks very much to all… Great advice as ever.

ManyWays

The debt probably is legally due. But note they have not said it is enforceable in court. That is why i suggest you aske them to confirm that exact phrase. And say you will not be making a payment to an unenforceable debt.

After that, file any letters, block any phone calls. That loan is ANCIENT and was by a previous lender, it would be ASTONISHING if the CCA ever turned up

Rob5342

These companies push things as close to breaking those guidelines as they possibly can. They say it's enforceable but try and brush over it by saying something like it's valid and collectable, and PRA made it clear that my debt was unenforceable by saying so in tiny text hidden away under the contact details section. PRA also sent me a "factsheet" on unenforceability which was clearly meant to look like it was some sort of standard factsheet they are required to send but was actually written by them. The "factsheet" had one line saying that the debt couldn't be enforced in court and a whole raft of information on things that they could still do.

RAS

The debt still exists, but if you do not pay, there is currently nothing that can be done to force you nor can they take legal action.

Since Abbey National was acquired by Banco Santander in 2004, and they've acquired a number of other entities since, there's no guaranty that any paper work remains, or is easily searchable. And electronic records could be in a format no longer readable.

It could reappear some time in the future, if they are really lucky. I'd suggest you stop paying but are realistic.