Debt assistance/thanks for help

[gbutterfly]

Thanks for everyones previous assistance with my ongoing debt issues, Credit Account Management have admitted that the default they have placed is unlawful and they will not pursue money from me.

 

Just some general advice needed if at all possible, as all of this is new to me.

 

I have an account which I'm paying for at £20 a month, but when I discovered these things could be challenged I asked them for copies of the credit agreement and default notice, which they still havent been able to get hold of. If they admit they cannot find them, do I still have to keep on paying them at all?

[sam614]

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

 

send them this if its over 12+2

 

and you can stop paying.

SAM

[gbutterfly]

Thanks, I have sent that to them. If they admit they can't locate it, they can't make me pay any more can they? and they will have to remove the defaults?

[sam614]

no they can not make you pay.

 

they should stop all collection activity untill they comply with your cca request,

 

failure to supply,states that they must remove from your credit file.

 

remind them.

SAM

[gbutterfly]

thanks!

 

what about the monies I have paid them to date, can I expect to get this back or is that never going to happen?

[IdaInFife]

it would be classed as a 'gift'

 

ida x

[maroondevo52]

Hi, gbutterfly.

 

A bit info on the CCA..................

 

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.

 

 

 

Regards.

 

Scott.

[IdaInFife]

Hi, gbutterfly.

 

A bit info on the CCA..................

 

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.

 

 

 

Regards.

 

Scott.

 

are you following me around

 

ida x

[gbutterfly]

thanks for all the help