Complying with CCA re taking legal action?

[stupidboy]

Hi folks,

 

I'm a fair way down the line on my credit cards.

 

I've had probably every repsonse imaginable from the complete capitulation after just one letter, to the continuous phone calls, letters, threats etc.

 

However, there is now a common theme - they are all latching onto the "We have complied with your request under the CCA" response. Basically, they admit that they can't supply the signed original agreement, but as they have complied with the CCA (some of them have, some haven't) they are entitled to keep harrassing me for the debt.

 

I am now sending the CPR letter, and awaiting responses but let us assume that:

 

They KNOW that they cannot win at court without a properly executed agreement.

 

If this is the case, are they then legally allowed to continue to harrass me for the rest of my life, even though they never take me to court?

 

TIA.

[clemma]

They will continue to harass you for payment in the hope that you succumb and give them some money. As you know, the debt still exists, regardless of the fact that they cannot enforce this through the courts.

 

You will probably find they will chase you until this becomes statute barred. Only then can you demand they stop harassing you as they would be in breach of OFT guidelines if they continued. Not the reply you were looking for.......

[creditcardmug]

They will continue to harass you for payment in the hope that you succumb and give them some money. As you know, the debt still exists, regardless of the fact that they cannot enforce this through the courts.

 

You will probably find they will chase you until this becomes statute barred. Only then can you demand they stop harassing you as they would be in breach of OFT guidelines if they continued. Not the reply you were looking for.......

 

While this is true, you have the option of making THEIR lives hell by reporting them to TS/OFT/FOS/MP...everyone etc:cool:

 

It can be good sport:)

 

And some of them may give up along the way;)

[pepper_mclean]

I hope this is appropriate place to put this comment, question. I have found myself in a similar position (unenforceable agreement, they of course wont acknowledge this) have stopped paying and now getting letters threatening action. My question is what should I do now? If I dont pay any more presumably this will have a bad impact on my credit? can they get a CCJ? what can they do to me?

 

In a nut shell and scared to keep stop paying for fear of what will happen..help?

[creditcardmug]

I hope this is appropriate place to put this comment, question. I have found myself in a similar position (unenforceable agreement, they of course wont acknowledge this) have stopped paying and now getting letters threatening action. My question is what should I do now? If I dont pay any more presumably this will have a bad impact on my credit? can they get a CCJ? what can they do to me?

 

In a nut shell and scared to keep stop paying for fear of what will happen..help?

 

The fact you have stopped paying has already had a negative impact on your credit file.

 

If you are convinced they do not have an enforceable agreement, why not wait for them to issue a claim (saves you doing it)

 

They can only get a ccj if they win...but you will defend, so that is not a formality

 

Suggest you start your own thread on this, if you have not already done so.

[debt4get]

as the poster said without an agreement all they can do is put negative reports on your credit file which because you are already in debt is not gonna impact it any more, if they do not have an agreement they can threaten and cajole you to pay but you do not have to, they cannot get a ccj without a legally signed agreement