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I have been wondering this as I am helping a friend sort out her debts, and also have an outstanding issue with Buchanan Clark and Wells who are trying to get my husband to pay approx £500 (we've CCAd them, 12 working days is up on Tuesday and so far we've had a letter saying they don't have the credit agreement blah blah.... you can read the thread here: http://www.consumeractiongroup.co.uk...es-credit.html
Anyway I digress.
My question is this:
I know that once a debt has gone 12 + 30 days without the creditor producing an enforceable credit agreement that the debt is in serious dispute and is unenforceable.
However.
What happens if they produce the original, true copy of an enforceable agreement AFTER 12 + 30?
The way I understand it is. As long as the creditor can't supply a true signed copy of the aggreement, the debt is unenforcale. However, if they do manage to produce it (which is unlikely in most cases), then the debt becomes enforcable again.
In other words, You don't have to pay BCW a penny at the moment. If they do happen to find your original agreement then i'm afraid they'll come looking or their money again.
HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
Paid in full in March 07
Yes it has happened.... and yes, it can be re-enforced. In theory, DCAs/creditors should be pulled up when they fail to produce docs. within the legal timeframes but in reality, this rarely happens.
If/when docs. do turn up, there are other avenues to go down, such as lack of a default Notice, incorrect balances on Default Notices, unlawful charges and so on. It doesn't mean that it's "game over", but tactics need to be altered.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
"I would advise that we do not hold copy Credit Agreements at this office, as we are not the Creditor. Under the circumstances your postal order for £1.00 number xxxxxxxx, is returned herewith."
In other words, BCW don't have the Agreement and you can stop paying (if you already have) after the 12 working days. No need to tell them why... they will know why. Keep hold of all correspondence though.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
We've never paid them a penny, and we definitely won't unless they can prove the debt is my husbands and they have an enforceable agreement.
The more immediate issues are for my friend who has a lot of debt and who is about to CCA all her creditors. At the moment she IS paying them and they are leaving her alone - except to hassle her to up the payments now and then - so I think although she is going to CCA them she is a bit concerned about upsetting the apple cart by stopping payments after 12 + 30 if they can't produce an enforceable agreement. I was wondering how long she would have to wait until the threat of them being able to enforce the debt is gone.... and I guess the answer is 6 years?!
I paid several creditors for 4 years before sending out CCAs. If there's no CCA, then there's no enforceable debt. Tell your friend to stop worrying... they will eventualy give up and either sell it on to another bunch of chancers, or it will just die, so to speak.
If another bunch of chancers get hold of it, the account is still in dispute through the original request and the longer this goes on, the more questions it raises anyway.... Each company can also be reported to Trading Standards for chasing a disputed account.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
I think it's likely that some, if not all, of those debts will be unenforceable and will be very surprised if she gets enforceable agreements from any of them after she's sent the CCAs.
Unenforceable debts after 12 + 30
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