How long and what next?

[baileywoowoo]

Ok, I sent a CCA letter off to 2 of our current DCA's and was wondering how long we have to wait before they are in default?

We sent the letters on 20th July, 1st class registered post.

Also, what is the next step if they do not produce the documents in that time?

We are currently paying these DCA's monthly but have never asked for any kind of evidence of the debt etc until now.

 

Thanks

[dx100uk]

14 working days.

 

if nothing by then fire off the failed to produce letter and stop paying.

 

dx

[baileywoowoo]

Edited cos I asked a question that you had already answered. Cheers.

 

If we stop payment and somewhere down the line they produce the correct information do they then have a right to claim all the backdated stuff to when we say it went into default?

[maroondevo52]

Hi,

 

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.