Cannot get CCA's out of my mind

kel123_2

For those who have been following my thread, 'Cliaming back and CCA diary' you will know that today (19th April 2008) 5 of my accounts have gone
12 working days plus 30 days and I have not received a valid CCA for iether.

I've had a couple of days of being sick and running to the loo (quite a bit of running to the loo) which I think? was a bug because other members of my family have had it. But I cannot get these CCA's out of my head so to speak! My brain is working overtime and to be honest it's run through being in court over 50 times, coming up with arguments and objections. Don't get me wrong I do not suffer with nerves in fact I am relishing the oportunity which is why my brain is in overdrive.

One of my issues is, do I send the next letter (ie 30 days +) or do I wait for them to dig a deeper hole? My gut says send them but after reading loads of post on here and on CAG the majority say wait?

The other issue is do I start celabrating because about 37k of unenforceable debt has come off, which as you can imagin means alot to me and my family.

So the question is how should I be feeling?

Kel

fermi

kel123 wrote: »

So the question is how should I be feeling?

Must feel similar to what it feels like when you have just gone bankrupt. You've unloaded huge amounts of debt, but you don't exactly feel good about the way you've done it.

Checking agreements exist and are enforceable can be a good thing, but you do have to bear in mind that it only takes the appearance of a valid agreement to get you back to square one. Sometimes you don't get sight of it until court.

Sorry to sound pessimistic, but I think it is important to understand what you are doing with CCA's.

However, the very fact you have posted this suggests that you do.

fiveyearplan

Hi Kel, as Fermi says, its not time to celebrate yet. They could still take you to court and if they win then the debt would be enforceable. We have to submit our defense this week and still haven't come up with our defense.

kel123_2

100% fermi

Not morally happy with the way i've done it but I just keep saying to myself business is business and thats how the banks et al look at it i.e. not personal.

I like contingancy plans and back doors but I cannot compensate for them finding a valid CCA - supose i'll have to get used to it i've got six years

I think I needed some insparational chat LOBL

kel123_2

The thing is FYP I feel i'm in a win win situation, My dmp will last for anothe 22 years, the court cannot impose more than I can afford and if they CCJ me it will have droped off long before then and they cannot wreck my credit rating any more.

fermi

kel123 wrote: »

The thing is FYP I feel i'm in a win win situation, My dmp will last for anothe 22 years, the court cannot impose more than I can afford and if they CCJ me it will have droped off long before then and they cannot wreck my credit rating any more.

As long as you understand the potential consequences of what you are doing and accept them, then I can't see a problem.

I do get a little concerned when I see a a small number of people go the CCA route because it is obvious they don't quite see the full picture, but it's obvious that you do.

I don't know about "inspirational chat", but it seems to me that you thinking along the right lines and just needed it confirmed by someone else? Or is that wrong? I'm not very good at reading these things.

kel123_2

I think you are fermi

It's somewhere between the two.

The other thought I had was - While on a dmp if our salary goes up then we have to pay out more so no increase in std of living. If on the otherhand each of the accounts is ccj'ed then they have to go to the court to increase so salary increases mean an increasse in std of living (well it can be balanced between the two) or am I being too 'business is business'

GeorgeUK

Hi Kel

Good news on the CCA front - well done. I take it you stopped making payments to those that couldn't supply?

Hopefully they won't try to hard to find the documents in the next 6 years. Do you have a record of when the last payment towards those debts were?

Here's hoping none of these go to court. Don't forget to bookmark any relevent information and type out any arguments so that you don't lose them.

Deep_In_Debt

Hi. Sorry if this is a silly question but I'm just curious about the CCA situation. Fermi mentioned that creditors could produce a true copy at a later date i.e. in court. If they do have a true copy, should they not have supplied it at the time you requested it rather than suddenly producing it later?

fermi

Deep_In_Debt wrote: »

If they do have a true copy, should they not have supplied it at the time you requested it rather than suddenly producing it later?

They should do, yes. But if they produce an enforceable agreement later down the line it is still possible for them to obtain a judgement.

Lenders/DCA's should also adhere to the OFT's guidance on debt collection, but they often don't.
They should be reasonable when negotiating repayments but they often aren't.
They should be careful in ensuring that any information they place on your credit files is accurate, but they often don't.
They should stop harassing you by phone if you ask them not to, but they often won't.

I could probably continue.:rolleyes:

Deep_In_Debt

Just all seems a bit underhand that they can do that and that the courts seem to let them get away with it.