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is my debt unenforcable?


seanj70
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i have to hefty debts one a credit card and the other an unsecured loan.

 

i've been repaying for sometime and about a year ago, due to finacial difficulties, entered into repayment plans with frozen interest on them.

 

i'm currently requesting copies of the CCA, neither of which I have ever signed.

 

is there any chance of these debts being unenforcable if they are unable to supply the CCAs despite me making payments for a few years?

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  • 11 months later...

i did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

 

the debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

 

AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

 

i've also read this about the OFT recently clariying 'unenforcable debt' and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

http://www.creditman.co.uk/uk/members/news-view.asp?newsviewID=11184

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  • 5 months later...

No, a debt is a debt, they don't get written off.

However, they can only stay on your credit file for a maximum of six years, which is the life of the debt, before it is then made unenforceable by the Limitations act, which states that creditors have six years in which to recover their money, after which they cannot take any legal action to recover the debt.

They may still ask you for the money, but once you make them aware of the limitations act and the debt is statute barred, they should leave you alone.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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