Goldfish LOST my CCA, DCA trying to recover debt - Guidance needed

[hb108410]

Hi,

 

I follow this forum avidly, and up until now I have never needed to post - and have found everything I need from the many wonderful questions already asked, however....

 

At the peak of the economic downturn, I fell behind, on an outstanding Goldfish 5K credit card debt in summer 2008.

 

About 6 months ago, I began to be pursued for the debt by a DCA called 1st Credit. They have issued many letters and I was accosted into paying a set amount each month to suspend any impending ‘further action’.

 

Last week, I issued a CCA notice to 1st Credit, requesting the production of the credit agreement under which they are enforcing this debt.

 

Facts:

 

They called me today, saying that Goldfish were unable to produce any version of the CCA. I advised them to confirm in writing, which they declined.

1st Credit advise the debt was legally transferred to them back in 2008.

The debt is not showing on my credit file (Experian or Equifax)

I have paid them approx £50 per month over the last 6 months

I have provided no verbal acceptance of this debt, only payments, and when making, have always reaffirmed my payments do not imply acceptance.

 

 

1st Credit are threatening further action against this debt and not sure what to do next, given it is not appearing or recognized on my Credit File?

[rev.ian]

Now this is only an idear, and others may say different.

I would write and include

Following your telephone call today, confirming that you are unable to supply a credit agreement in response to my CCA 1974 section 78 request.

I must inform you that this telephone call was recorded (even if it was'nt) and the account is now in dispute.

It is not acceptable to respond to a CCA request by telephone and I look forward to confirming the contents of your call in writing.

I would Cc. OFT

[hb108410]

Interested from a legal perspective on the grounds that the CCA would constitute material evidence to support an action to recover the debt via the court - anybody care to speculate where I stand?

 

a) should this be written off

b) is this legally recoverable

 

thanks in advance,

 

hb

[dpick]

Hi no agreement just means the DCA should not try to enforce through the courts the debt does not disappear it is still a debt but they can only beg that you pay it. I tend to say you treat OC/DCA in the same manner they treated you. In my case they were ******* and I told them to get lost then barred their phone number on my phone.

 

My CRA files were trashed by creditor with an enforceable agreement so these shysters could take a running jump they could not do anything more to my CRA file.

 

dpick

[diddydicky]

the circumstances in which the cca was lost would be relevant and there is already case history to show that the creditor is not prevented from attempting to re construct the agreement from other records to produce a "true copy"

 

i would simply write and confirm their statement that they have "lost" the original agreement and advise them that until such time as they comply with s78 they are in default and may not enforce the alleged debt

 

then sit back (for six years ) and wait- no payments- no written acknowledgement of outstanding debt- not telephone calls (at all)