CCA via email

[Knackered]

Hi all, my first post...

I requested via email, a copy of a hire purchase agreement (2005) for which I am being pursued for a large balance. The goods were repossessed and sold at auction well below value. The dca confirmed receipt of the email by return and that they had referred the account back to the original creditor with a request for a copy of the agreement under the consumers act 1974.

 

They said they will chase for the agreement but warned me that they are limited in the number of requests that they can send.

 

I received this initial reply fifteen days ago.

 

Have I messed up by not sending them the request via recorded delivery with £1.00 fee??

 

What I want to know is, is whether acknowledgment of an 'email' that requests a copy of an agreement is the same as sending a recorded delivery letter and £1.00. I just didn't think at the time.

 

If not, should I now do that?

 

Also, if an email is as good as a letter, and that as I have been waiting over fourteen days for the agreement, can they now 'not' pursue the debt via the courts?

[dx100uk]

sadly you must send it via royal mail with a £1 PO.

however, just remember that even if it turns out to be unenforceable, it does not make the debt go away

 

dx

[scottybhoy]

I would personally go down the old fashioned route of recorded delivery and your £1 postal Order. It is stated in the Consumer Credit Act that you should send your £1 postal order, so send that off recorded delivery and you have stuck to your side of the bargain. And make sure you send a PO and DO NOT SIGN ANYTHING!!!! Print off the POD as well when it is available.

 

The debt won't go away, it just can't be enforced unless it goes through court, although as yours was drawn up in 2005, different legislation may apply.

 

But if it is a debt that is unenforceable, then you won't be entitled to pay anything towards it unless a court tells you too.

[Knackered]

Thanks for those replies guys. If the debt is unenforceable to what extent and can/do they pursue you? What are the best and worst case scenarios likely to be.

As no higher authority such as a court will be taking a view either way, what mechanisms are available for the creditor to collect.

[alfwithhair]

If it is unenforceable all they can do is send their threat o gram drivel and pester you on the phone for the next 6 years until it is statue barred.

 

This doesn't mean they won't try to enforce it in the courts, but if you defend they will lose

[Knackered]

Thanks for the quick reply Alf, the annoying thing with this debt is that all that I owe is interest and that is after they sold the goods at auction at a stupid value:mad:

 

I will give them another week or so then do as scottyboy recommends and send the proper letter.

[alfwithhair]

Has this debt been to court already?

Is there is CCJ active on it.

[Knackered]

No, when it was passed to the dca last summer, I had a right go about what the goods had been sold for and asked them over the phone for a copy of the agreement as I wanted to check it out (not, by the way, to see if it was un/enforceable). I heard nothing for about six months then they wrote to me in Jan this year with a statement. etc. I told them to only contact me in writing and sent the email at the same time. They then wrote back and confirmed receipt of the email and noted its contents, confirmed they had requested the agreement copy, and that the account was now placed on hold.

 

I am still waiting.