I have a question: What happens if a DCA takes you to court over an alleged debt but the claim gets thrown out of court (say for none production of the CCA) what happens to the debt??? Do they write it off or would they just sell it on in which case it could go on forever…

Send them the statue bared letter and see what happens ... Must be six years in England without ANY communication ( ie letters or payments) from you Also check your credit file to make sure they haven’t obtained a CCJ if they have the debt is still enforceable ( for ever) but this is unlikely Remember if your going for statue bared it’s important when communicating with SLC to refer the debt as as the “alleged Debt” good luck

Been out of town! Not heard anything from the court since unsuccessfully trying to get the stay lifted because of hardship back in September Do we know when the OFT case will be over? Any news ?

so what happened in the end then

Northern Rock collections, got them sort after 2 years of trying in a Professional manner, they would'nt deal with payplan????? but Payplan tell me they have hundreds of NR customers! Northern rocks current troubles fills me with such joy:D who sub prime now NR

send them the standard Harresment letter: Dear Sirs Telephone harassment I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded, time and date logged. Failure to comply with my request will also result in a formal complaint to the OFT for unfair collection practices Collection while the alleged debt in dispute On the XXXXXXXXX I made a formal request for a copy of the signed, executed credit agreement(s) for the above account(s) under section 77(1) and section 78(1) of the Consumer Credit Act. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time have expired. As you are no doubt aware subsection (6) states: “If the creditor under an agreement fails to comply with subsection (1)— (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. “ Despite the account being in disputed you continue call me from you collections department , if the continues this will result in a further complaint to the OFT. Yours faithfully, :D :D

Get your thread moved to the "debt" forum by PM a moderator and you will have you answers in minutes;)

CCA right away (the student loan compant)!!!! that will put the "debt" in dispute SLC are full of SH*T:-D

the suspense is killing me

subing

Only Northern rock from time to time aask for more, i say no and they go away most of the debts are with the orginal creditor, i think this helps the The DCAs i've delt with have been total sharks I'd love an alternative... really don't want this around my neck for the next 8 years.

My dmp is for a further 8 years i've been in it 3 years, all my creditors have frozen intrest and removed chargers. In my position i have considerable assests and a regular high income, it seems to be working for me. I tryed an IVA they all said no way, and as for the big B my assest are a lot more then the outstand debts. I have defults but have avoided court, so i really feel it's working every month a see the total going down. But if anyones got any better advice i'm all ears... PS Sorry about the hijack

yep, Bankruptcy look like your best option, with no property it should be very stright forward. It will be All over quicker then you think and rember Bankruptcy is there fot YOUR protection and none of these sharks can phone or write to you agian! Just make sure you include every debt I'm i right in think after 6 years it's whiped off your credit file too.

This is not a CCA NO CCA No DEBT or rather no ENFORCABLE debt :) :) welll done... Keep this letter in a safe place, all you need now is a good letter writter to whip you up a nice sod off letter, any takers???????

Don't forget if it's not sb and they provide the CCA then reclaim your charges! I got £350 wriiten off

True, I was meaning AFTER they prove!

I think there pulling your chain: National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court I take it you don't have a CCJ for this is not looks like BS to me . Agian wait for others to comment, before acting

I'd try and put the debt into dispute so firstly SAR letter Then CCA letter Offer BY LETTER an amount you can afford to pay and include a income/expenditure sheet ( this would look good in court) and the DCA might think it's sod it he's now paly ball wait for others to comment, but thats what i'd do

question 1 Have you been paying them? anything at all in the last five years?

Thats the one rory going in the post to night that feels better thanks

Thanks rory, for clearing that up I need to send the letters but can't find the templates, got called yesterday about 10 times.....

chasing a debt I can’t afford to pay from the student loan company. I’m currently paying what I can afford. They defaulted on sending me the cca and everything went quite… The Student loan company were acting through there legal arm Smith Lawson company (SLC get it?) Basicly smith Lawson are 100% owned by the student loan company. The collections department of the student loan company have how started to contact me again. Like 10 times a day. Do I A: wait until the the student loans company pass it back to smith Lawson company then remind them of the caa Or B: issue a new CCA to the student laon company Or C: Point out to the Student loan company the lack of a CAA and tell them to sod off. I bit confused as to dose the default of the CAA apply to the student loan company or just Smith Lawson?

OK I'm going to go for it but other's experiences are welcome

also send the CCA letter an d 1 quid fee

About 3 years ago a defaulted on ,my credit cards, MBNA in the begining were horrendous to deal with it got passed to several DCA’s which I refused to deal with, in the end they offered me a 50% discount on the debt for a full settlement ! unfortunately a couldn’t afford that. They came up with an offer of paying the debt back over 10 years, a good deal they froze interest ( 0% APR) removed the default ( or didn’t report it) and reported to the credit reference agency I’m making regular payments. I’ve got my credit report and MBNA are reporting I’m making full payments!!!!!!!! On the two cards I hold with them. The outstanding balances are 5800 Virgin (MBNA) 2000 MBNA This is all part of a larger dpm to run over the next 8 years and to be honest MBNA have been the best to deal with after we came to an agreement no calls, no BS, and no stupid unaffordable demands. Now the tricky part, I’m looking at lowering the balances, I know they took around 500 quid in charges on each card around the time I was defaulting Do I rock the boat???? i could'nt afford to make a setlemmet