advice on halifax unsecured debt

GeorgeUK

No problem - don't forget to ask for the notice of assignment and statement of accounts too.

If you don't hear anything that's good news - they're on the clock with only a certain amount of time to reply. Just follow the templates and hopefully it will work out ok.

good luck

DEBT_23

So if i dont hear anything what does that mean basically?
what happens if i recieve it weeks after the time limit?
isnt it strange that the letters i have recieved are all 'substancial discount' or please ring to arrange a repayment? i figured they send people round demanding payment or send me to court it has been atleast 3 years since i make a small payment to these debts.

GeorgeUK

Rog2 says it alot better than i could in the thread i linked to above.

Consumer Credit is now regulated by the Consumer Credit Act, 1974, which states that the 'lender/creditor' MUST have a Consumer Credit Agreement, which has been properly signed by the 'debtor' for all Credit Agreements (there are some exceptions for high value 'loans' which are not 'regulated' by the act, but these are 'high-value' i.e. in excess of £25k, and it MUST be pointed out to the 'debtor' that this agreement is 'unregulated' and therefore outside of the scope/protection of the Consumer Credit Act).

A 'debtor' who is being pursued, either by the original lender or by a debt collection agency, has the absolute right to ask for a copy of the original signed consumer credit agreement and the pursuer, whether or not they are the original lender, has a legal obligation to provide that information, as well as a full and detailed statement of all payments towards the 'alleged debt'.

If, after a certain period (12 working days) the creditor/dca is unable to provide that document/information, then the 'agreement' can no longer be enforced, without a court order, and becomes 'irrideemably unenforceable'.

If, after a further period (30 days) the creditor/dca is STILL unable to provide that document/information then they have committed a 'criminal offence' and can, legally, be prosecuted for that.

Either way, the 'debt' becomes unenforceable, without a court order, after the initial 12 days. After the further 30 days then it is most unlikely that ANY court would grant an order to make the agreement enforceable.

There are template letters in the thread you can use as required. It is possible that they may produce the CCA 2 years down the line which is why it is important to go through with the follow up letters and informing the various organisations when a DCA breaches the Act. Make them sweat it out now instead of regretting it later.