CCA's what is the desired outcome?

jimm24

I'm in the process of requesting CCA's from 3 firms(maybe 4?)I understand the 12+a month bit of it,but what is the desired final outcome of the situation,is it the debt being cancelled,buying some time,reduced payments???Really not sure what to expect?

stapeley

With the DCA tactics of hounding you , its a fight back ! Some of these companies have no legal right to pursue the debts. In many cases they have purchased a debt very cheaply 20 p in £1 . They never check properly that the CCA is valid or gain the correct notice of Assignment . They go on to issue court summons without even having a true signed copy of a CCA. The reason they are awarded JUDGEMENT in many cases is the fact only a few people defend the case . This is because of lack of KNOWLEDGE . Hopefully this is changing .

jimm24

So will the debts be passed back to the original debtor?Or will another DCA get on the case?

rog2

jimm24 wrote: »

I'm in the process of requesting CCA's from 3 firms(maybe 4?)I understand the 12+a month bit of it,but what is the desired final outcome of the situation,is it the debt being cancelled,buying some time,reduced payments???Really not sure what to expect?

I don't think that there is a 'desired' outcome, perse, jimm. Requesting a cca is the legal right of any 'debtor' whether it be from the original creditor, or from a Debt Collection Agency.
The cca, or lack of it, will help the 'alleged debtor' in dealing with the situation in the most suitable way.
A cca, if provided, can show whether the 'debt' is still legally enforceable - it may well be a very old debt which, under the terms of the Limitation Act, 1980, is 'Statute Barred' and, therefore unenforceable through the courts. If this is, in fact, the case, then the 'debtor' can, legally, say that he is not going to make any further payments towards the 'debt' and the creditor/dca can, no longer, enforce the agreement and should cease any further attempts to 'collect'.
Equally, a properly executed cca can show up a 'forgotten' debt, or one which the debtor haf genuinely thought he had finished paying. With the information gained from the cca, and up to date statement, the debtor is much better placed to 'deal with the debt' using the most appropriate means at his disposal - this may involve coming to an agreement with the creditor/dca to pay the debt in affordable instalments, or making a 'full and final' settlement offer.
Often, however, some of the less scrupulous of Debt Collecting Agencies will 'purchase' old or 'written off' debts, often without the associated 'paperwork', and use their 'bulldozing' techniques to frighten a 'debtor' into making payments against an 'alleged debt' relatively safe in the knowledge that the said 'debtor' is totally unaware of the rights, and protection, that the Law affords them. Quite simply, if a dca can not provide the cca, that dca has no legal right to pursue the 'alleged debt'.

jimm24

Thanks rog,does a CCA request help if a CCJ has been filed,or is there another way of handling them?

jimm24

Also do they cover overdrafts?
If a default is registered will it be removed?

rog2

If a CCJ has already been registered you may need to apply to the Court in order to get that CCJ 'set aside'. The lack of an enforceable cca could well be an advantage, although it will, of course, depend on the individual circumstances of the case. You would be best advised to discuss this matter with CAB, CCCS or National Debtline.

Consumer Credit Agreements do not, normally, cover overdrafts, although there are certain circumstances where an overdraft may be partly covered by the terms of the Consumer Credit Act. Again, we would need to look at the individual circumstances. If you are, for example, questionning certain aspects of an overdraft, or charges relating to that overdraft, then you may need to send a SAR (Subject Access Request) rather than a cca request.

If a creditor/dca has entered a default against a 'debt' for which he is unable to provide an enforceable copy of the original cca, then, yes, he must remove that default.

jimm24

Cheers I can see a weekend of letter writing ahead of me.
Sorry to be a pain Rog but can you explain the "set aside" part of the last comment a bit more please.

rog2

jimm24 wrote: »

Sorry to be a pain Rog but can you explain the "set aside" part of the last comment a bit more please.

If, for example, a creditor/dca has obtained a CCJ against you, but you were unaware of it, possibly because the summons was not served at your correct address, and you would have wanted to defend the claim, then you can apply to the courts to have that 'Judgement' set aside. This would give you a chance to put in a defence and, effectively, have the case 're-heard'.
You can get more information from your local County Court - in my experience they are usually most helpfull in explaining how to go about this.
Also you might like to send a private message to Penguin 83 - I believe that she actually works for the Courts Service, and she has given some excellent advice on this subject.

jimm24

Thanks Rog,will send them a PM.
I'm pretty sure I've had a couple of CCJ's filed but have never received anything?

bathgatebuyer

My desired outcome was to find out whether I had signed up for PPI or not at the inception of the agreement. To date, I've not had an answer I'm happy with from the Halifax.