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sythe

DCA's and unenforceable debt

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This is my take on the question of unenforceable debt.

 

A credit aggreement goes into default, the creditor passes the account to a DCA. At that point the debtor quite rightly requests a copy of the original signed and executed credit agreement and a statement of the account showing all debits and credits.

The DCA pass the debt back to the creditor, as they know without those documents they cannot legally pursue the debt. They may try frightening the creditor into paying but in truth they have no right to do so. So the creditor passes the debt to another DCA and the whole rigmarole starts again.

 

The debtor should therefore proceed as follows:

 

CCA the creditor directly, at that point the account is in dispute and cannot be inforced by anyone until the relevant documents are supplied.

 

The only correspondence that matters now is a letter to the debtor from the creditor containing.........yes you've guessed it "a copy of the original signed and executed credit agreement and a statement of the account showing all debits and credits."

 

Should anyone contact the debtor whilst those documents are in request, they are in breach of the Consumer Credit Act. The debtor should then write making a complaint to that effect. If the complaint is not dealt ie the requested documents turn up, then after 8 weeks a complaint can then be sent to FOS. Eventually there will come a point when the creditor simply runs out of agents who are not the subject of a complaint.

 

The statue of limitations will eventually render the debt uncollectable.

 

"SIMPLES" :D

Edited by karenruthj8
spelling

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this also holds true even if passed to a dca which you then cca and they do not come up with the goods

the next dca on the food chain comes along and a bemused letter is sent saying account in dispute, exactly the same eventually the bottom feeders go away one by one

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this also holds true even if passed to a dca which you then cca and they do not come up with the goods

the next dca on the food chain comes along and a bemused letter is sent saying account in dispute, exactly the same eventually the bottom feeders go away one by one

 

 

Hi debt4get..........I'm opting out of the whole rigmarole........I'm CCAing the creditor directly..........the DCA's don't come into the equation at all........I've just proved that to myself by carring out the process I posted............what I want to ensure is that the same DCA cannot contact me ever again as they have been the subject of an FOS complaint and I can rightly refuse to deal with them.

 

What a paper trail this will leave............. i wish I'd twigged to this a long time ago as it would have saved me from much angst.......

 

.........i wonder if there is some way I could make more people aware of how simple this really is?..........any suggestions?

 

kind regards krj8:cool:

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looking at your first post... in principle it would appear to work..but whats to stop them still passing this along the chain to the bottom feeders who actually couldnt care less if you report them or not, it is probably better to cca the creditor first as this will show whether or not a valid cca exists, however, I still dont think it will stop them from passing it on down the chain

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looking at your first post... in principle it would appear to work..but whats to stop them still passing this along the chain to the bottom feeders who actually couldnt care less if you report them or not, it is probably better to cca the creditor first as this will show whether or not a valid cca exists, however, I still dont think it will stop them from passing it on down the chain

 

 

Hi debt4get............the creditors in my experience do pass the debt to another DCA, even so. As the account is in clear dispute, their actions are ineffective......as until such time as a I receive the documents I seek there is absolutely no consequence to any further contact by anyone in respect of enforcing payment.

 

I recently received a reply from a DCA who have tried to claim that they were unaware the account was in dispute, but they have passed the account back to the creditor, so that as far as I can see is further proof that until I get the CCA documents I seek all I need do is repeat the process, tedious as it may be.

 

krj8;)

Edited by karenruthj8
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If you CCA the original creditor and tell the DCA to bog off, the original creditor should surely be prohibited from bouncing the account around other DCAs until they come up with an agreement.

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If you CCA the original creditor and tell the DCA to bog off, the original creditor should surely be prohibited from bouncing the account around other DCAs until they come up with an agreement.

 

 

Hi kurvaface..............oh they are prevented.........it is all quite clearly laid out itn the Consumer Credit Act.........

 

krj8;)

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