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Lost and found CCA's


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Where does the law stand with this?

 

If you request a true copy of the CCA, which is not produced within the

timescale as laid down by the law, what happens if six months later it turns up and your chased for the debt?

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In the above instance the creditor must go before a judge before they are able to enforce the debt (before they can take any legal action)

 

As this actually happened to anyone? Is there a defence to this?

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Would suggest you post the "CCA" on here to see if it's been properly executed

 

Sorry - hasnt happened yet - just educating myself!!

Also, if at the initial request, the CCA isnt found (goes over the 42 days), the balance is set to zero and defaults removed from your credit file, would the DCA have a right to reinstate the debt at a later date?

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The balance wont be set to zero and the defaults will remain on file unless the defaults where entered by the dca in which case without a ca they had no right (so grounds then for removal) but the debt doesnt go away it just becomes unenforceable, its 12 working days from the day after delivery plus 30 calender days or 31 if ending on a sunday so a little longer than 42

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So a hypothetical scenario?

 

The non production of a CCA doesnt automatically zero the debt balance, it merely makes the debt unenforceable. The debt still exists but they cant enforce it.

 

The same for the Credit File, you can fight to remove any defaults illegally placed by the DCA, but this is not automatic and would require effort on your part.

 

The argument would generally be along the lines of, you don't have a CCA, which normally includes permission to process under the Data Protection Act, therefore you shouldn't process my data.

 

Then the argument will be between yourself, the DCA and the CRA.

 

If you read through the posts on this forum you will see many instances where defaults have been incorrectly, illegally and out of downright badness placed onto peoples files

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So a hypothetical scenario?

 

The non production of a CCA doesnt automatically zero the debt balance, it merely makes the debt unenforceable. The debt still exists but they cant enforce it.

 

The same for the Credit File, you can fight to remove any defaults illegally placed by the DCA, but this is not automatic and would require effort on your part.

 

The argument would generally be along the lines of, you don't have a CCA, which normally includes permission to process under the Data Protection Act, therefore you shouldn't process my data.

 

Then the argument will be between yourself, the DCA and the CRA.

 

If you read through the posts on this forum you will see many instances where defaults have been incorrectly, illegally and out of downright badness placed onto peoples files

 

Thanks, how long does a default stay on your CF for?

In response to Boro's reply, so effectively, an unenforcable debt can become 'forceable if after 'x' amount of months, the CCA is located.

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Only if they take that agreement before a judge who then makes it enforceable and even then it must meet all the prescribed terms which a lot (especially older agreements) dont, default notices will be kept on your cr for 6 years

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Only if they take that agreement before a judge who then makes it enforceable and even then it must meet all the prescribed terms which a lot (especially older agreements) dont, default notices will be kept on your cr for 6 years

 

Thanks Boro :grin:

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