paying debts after cca request

[hunterandthehunted]

hello,

i have been reading lots of threads about CCA'S and have come to the conclusion that basically , if the DCA cannot provide the CCA, the debtor has the legal right to completely ignore the debt until the CCA is produced.

 

is this correct?

 

regards

hunterandthehunted

[maroondevo52]

Hi, Hunterandthehunted.

 

Found this........

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

Regards.

 

Scott.

[Curlyben]

remember the rule of thumb.

No CCA = No Enforceable debt.

Now this DOESN'T void or cancel it, but simply means they cannot take you to court to recover it.

 

They will likely continue to bombard you with letters and calls, but then you report them to trading standards for chasing an unsubstantiated debt.

[hunterandthehunted]

hi scott,

thanks for your response.

if it is this easy to shrirk ones debts. why do the DCA'S not obtain these vital documents in the first place.

 

i have several unsecured debts totalling 30k and will never be able to pay it back in my life time.

 

i owe 10k to one of them and all i pay is £17 a month, but on the other hand i owe 4k to another and have been bullied and threatened into paying £58. however i cannot really afford it and after reading on this site,

i sent them CCA request for which they cannot provide.

 

now i am thinking about knocking them all together even though it is the wrong thing to do.

 

do you think it could cause me more problems?

i once read or heard that a debt could be written off after 6 years, is this true?

 

regards

hunterandthehunted

[Curlyben]

Stature Barring is what you are refering to with the 6 year rule.

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

Now this does clear or write off the debt, but means they cannot enforce the agreement, similar to lack of CCA.

[hunterandthehunted]

hi curlyben,

thanks for that info...

 

getting back to the CCA, i have been paying 1st credit monthly installments for about a 2 years. the payments started at £5 a month but they have threatened and bullied me into paying more and more and this has risen to £58 which i was paying until recently when they demanded the balance in full. obviously i could not pay and after stumbling apon this site, i sent a cca request. they cannot obtain this and as i said in a previous thread, they have threatened to take me to court to force the OC to hand over the CCA which i have since learned is "rubbish".

 

however i still feel worried into whats going to happen next and because i am feeling bitter against 1st credit, i am considering stopping payments altogether.

 

the trouble is i have admitted liabilty to this debt over the telephone. can i change my mind and now send the letter headed, "i do not aknowledge any debt to your company" and keep them at bay...

 

regards

hunterandthehunted

[Curlyben]

If they are exceeded the statutory 12 working days and have not complied with your request you can legally cease payment as they cannot take further action until they comply.

 

A phone call doesn't count for toffee, writing or payment only.

[hunterandthehunted]

thanks for all your help curlyben...

 

you have been a great help.. i will sleep better for knowing that..

thanks also scott...

 

regards

hunterandthehunted