debts registered by debt recovery agencies

[bha100]

when i checked my credit file i found that the debts i had from sometime ago around 2005 are in the name of these debt collection agencies, so do they now own these debts and have a right to update my credit file then.i have never contacted any of them.thanks

[PriorityOne]

They may be acting on behalf of a creditor, or they may have bought them... There is no way of knowing for sure until you send them a CCA request, which they'll either forward to the original creditor or they won't.

 

What are the debts for ?.... and who are the DCAs ?

 

[bha100]

hi and thanks,

the debts are credit cards.

the dca are

CL finance,

olympia capital

asa/thames credit

aktiv capital and

capquest.

[PriorityOne]

Are you actually paying them anything at the moment or have you just found them on your Credit File ? Do you have any CCJs (County Court Judgements) for these accounts ?

[bha100]

no not paid them a penny, when i got into trouble i just let them get on with there threats, put the ball in there court, they never did anything except write me letters telling me what they would do if i didnt pay.i have 2 ccj's but never received any paper work about them.

[PriorityOne]

... then you run the risk of opening up a can of worms if you contact them yourself. They will push for payments and if you already have CCJs, they may have you by the short and curlies.... in the sense that a CCA request will be pointless.

 

Entries on your Credit File will drop off after 6 years and non-CCJ debts are statute-barred 6 years from the last point of written contact/payment. It all depends what you want to achieve from this...

[bha100]

so if i did a cca request and they can't provide the credit agreement would they then have to remove it from my file or can they just not enforce it.one of them is six years old in may and they wrote to say that it would be added again for another six years if i didnt contact them to arrange payment, this is a bluff yes

[PriorityOne]

so if i did a cca request and they can't provide the credit agreement would they then have to remove it from my file or can they just not enforce it. If there's already a CCJ on an account, a CCA request will be pointless, as judgement has already been made.... so the CCJ will just be re-enforced.

 

one of them is six years old in may and they wrote to say that it would be added again for another six years if i didnt contact them to arrange payment, this is a bluff yes If this is a non-CCJ debt, then this is a tactic to get you to re-acknowledge the debt within the 6-year timeframe. Don't fall for it.

 

[bha100]

Thanks for your helpful replies, one last question, as i received no paper work for the ccj's would i suceed in getting them temporary removed and then settled them in full am i right in saying that they would not show up anymore.

[PriorityOne]

Default removal is a complicated process and I've not heard of anyone having one removed "temporarily". A default is removed upon settlement of the debt, when the credit ref. agencies are then notified accordingly.... so you would need to settle the debt first (full and final) and stipulate that you want the info. updated with the credit ref. agencies at the same time.... to reflect the settlement.

 

All in writing, of course.

[PriorityOne]

If you're referring to a CCJ set-aside.... success depends upon how long the CCJ has been in place and your reasons for wanting it to be set aside now.

 

If you want to investigate this route, you're best to PM one of the mods. for advice.

[bha100]

i found this National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

do ccj's get removed from your file after 6 years to

[PriorityOne]

CCJs will drop off your credit file after 6 years, but the debt itself can still be re-enforced after that time.

[bha100]

so am i right in saying that if you cca these dca's and they can't provide a credit agreement then they are unable to enforce the debt in a court but can pursue you for the money and update you credit file.

[PriorityOne]

If there is no CCJ on an account and a DCA fails to comply with a CCA request, then that account becomes legally unenforceable through the courts after a certain timeframe (unlesss/until it can be produced and re-enforced). That doesn't necessarily mean that they won't have a go through the courts in the absence of a CCA.... and it also doesn't mean that they'll leave your credit file alone either.... but you can complain to various authorities with a view to getting the defaults removed, as well as defend any court action.

 

Where there is a CCJ, it's a bit more complicated. If you discover that there is no CCA and you didn't receive any papers re. the CCJ anyway, you can apply for a set-aside for a number of reasons.... but the longer the gap between the CCJ and the set-aside, the more difficult this will be. Meanwhile, the default will remain on your credit file....

[bha100]

i think i will just let the ccj's run there course up until now they have not actively tried to enforce them, trying to get them set aside seems hard work with the risk of no positive outcome so i think i will leave well alone.as you rightly pointed out if i cca the others it may open a can of worms. thanks for your advise.

[bha100]

Ive had this threat from a dca. am i right in thinking that before they got to this stage they would have to gone to court to get a judgement first,they have'nt ever taken any court action against me let alone have ccj, is this a deperate attempt to fool me into submission.

many thanks

[B3rty]

Your not far wrong as this is mainly used as bluff to get you to pay, however it needs to be checked out just in case see this link

 

Legal Issues Explained - Statutory Demand

[bha100]

thanks,

so if by chance they did follow through can i then cca them and then get it set aside for example disputing the amount owed.

[Docman]

You can CCA them whether or not they follow through. Chances are they won't follow through as amongst other things, they have to fork out about £750 in hard cash to the court when presenting a bankruptcy petition.

 

Its a good threat tactic though and needs dealing with as outlined above.

[ODC]

Apply NOW for your CCA and then if they serve an SD on you you will have good grounds for a set aside. Who is the DCA

[bha100]

anyone please, ive looked everywhere, can't find one

[Pinky69]

Creditors and DCAs - Letter Templates & Budget Planner

 

It's Letter "N"

[bha100]

Thanks, i looked there but did'nt see it, time for bed i think..

[bha100]

cca'ed the boys at aktiv for a cc debt dated back to 1999, got the reply back saying they will request it from the original creditor, then over a month after the request they send this pathetic excuse for a ca, im no expert but even i can see this is unenforceable, it even says on it card request form, with absolutely no prescribed terms,i'd put it up but you would all **** yourselfs laughing.

 

Anyhow it was accompanied by the usual letter 'telling me they do not believe they fall within the definition of a creditor' etc etc you know the rest.

 

Im now going to reply with this that someone kindly put up, can someone confirm this is the best reply for the situation, many thanks

 

Dear Sir/Madam

 

Re:− Account/Reference

 

ACCOUNT IN DISPUTE

 

I have received the documents you sent and in the accompanying letter you you have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act.The document received does not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

 

The absence of a properly executed credit agreement prevents you from:

Adding interest to the account

Taking any enforcement action on the account

Issuing any default notices or registering any default marker with a credit reference agency

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines.

 

 

 

 

What I Require

I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to trading standards

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.

Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for you to write the alleged debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

 

Yours Faithfully