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Hi, can anybody give me a little guidence? I have asked for CCA's from 2 of my creditors and neither have supplied them within the stated time! If they cannot provide a CCA can they enforce the remainder of the debt due to the fact that I have paid some of it off?

 

Many thanks

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Hi, nicknoks.

 

What were the debts.

 

Here's a bit info on CCA's.............

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

 

You should now send the 'dispute' letter..............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Send recorded and don't sign it.

 

Regards.

 

Scott.


 
 

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