CCA requests - A query

oscar52

Out of curiosity (because Im sure my employers are lying - big bad american cc company who also issue virgin a&l)

With respect to a CCA request, when they are recieved , they are allowed the alloted time frames etc. if the CCA is not / cannot be produced, they debt is unenforceable. Is this still the case if you have already been paying the debt? Reason for asking is my employers seem to think they can still bully you, and as far as i was aware, they couldnt do this.

Also, with the above, are they still able to report your accounts to the CRA's (cos again, my employers say the can!)

N79

1) If you have been paying the debt and then ask for the CCA and the company can not provide it then the company have committed and offence under the act. The company can not continue to pursue the debt. On the contrary, the company must refund all money that has been paid by the alleged debtor as it has been collected on an unenforceable debt. I believe that one forum member has had success in going to court to claim the money back.


2) As above they can not register the default with the reference agencies. If they do then the alleged debtor can dispute the entry with the agencies. When no CCA can be produced the entries will be deleted. However, again this is the theory and actually getting the references removed is a long and time consuming process. Again, the alleged debtor could go to court or the ombudsman for their costs (and for the obudsman compensation for distress and inconvenience)

Finally, be careful with posting information like you have as your are almost certainly in breach of your employment contract. Your employer could claim it as gross misconduct and sack you. So make sure you never log on to MSE at work.

N79

oscar52

N79 wrote: »

1)
Finally, be careful with posting information like you have as your are almost certainly in breach of your employment contract. Your employer could claim it as gross misconduct and sack you. So make sure you never log on to MSE at work.
N79

Thanks, I thought was much.

However, with the above
1) I cant see it being breach of contract, i am free to do as i was so long as it does not affect my work committments or affect the company (but im sure they could find a way to prove me wrong)

2) logging in at work - I'm not that soft!!

3) I would be breaching MSE rules if i didnt post what i did, (and i could always find a better, more rewarding, less stressful job if the worst was to happen)

EDIT

4) they have to find me first!!!