Thread: Once unenforceable, then what?

Hi everyone

I have been reading lots of threads on this great forum for the past few days and 1 thing that I can't really seem to find the answer to is this:

I get the part about sending the CCA etc and the time limits imposed on the DCA's and Creditors.

If they can't provide a valid CCA, then the debt is unenforceable.

What generally is the next process, as the debt still exists?

I am currently on a dmp with CCCS, what impact will sending a CCA have on this, if any and what type of Creditors can you not CCA?

Many Thanks in Advance

Manc1976

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After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. While in default NO enforcement activity can take place.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

Thanks for the reply

Do you have insight as to what positive action comes from contacting TS after the time period is up.

Because the debt is unenforceable, but still exists, what action can the OC take?

Thanks Again

Manc1976

Reporting to Trading Standards is an important step because one day they might do there job and go after these DCA's.

Just ranting, don't mind me just letting some steam off because getting TS to act in my instance has/is not easy as my thread explains.

I had a dmp with CCCS until last November - they don't like any creditor having preference over any other creditor. I cancelled my plan, CCAd them all and within 4 months 7 DCAs had closed files, writing off £23000. I am only sorry I didn't do it sooner.

Hi Pinky, that is interesting.

You say that 7 DCA's had closed files, but would this not then revert back to the OC for them to then deal with?

Thanks

Thanks CurlyBen

Am I right in assuming then, that because you have CCA'd the DCA/OC and the debt is unenforceable and have also lodged a complaint with TS, then more than likely the court action will be in our favour?

Sorry if these questions seem a bit much, but I am trying to get a clear picture in my mind of the whole process.


Thanks Again

No - in my cases the DCAs had bought the debts - but otherwise they could have been passed back to the OC then passed on to another agency. Then is is just a case of telling the new agency that the account is in dispute and they can bog off.