Jump to content


Why is it always assumed that an enforcable cca means a recoverable debt exists ?


bengateway
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4067 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Having read many threads regarding cca's and there enforcability, it always appears that provided the agreement contains the core prescribed terms its game over for the alledged debtor.

What I dont see is how the existence of an agreement means a debt is owed.

Anyone can, as an example sign an agreement for, lets say a loan, pay it off over a three year period. and then five and a half years down the road recieve threats from a dca. Now its your word against there's.

So you know you paid the loan, because of the elapsed time you no longer have any paperwork, and they can come up with a pre constructed computer print out of an alledged amount owed, along with the agreement you signed. Is it really that easy for them ?

As said enforcable cca = you owe the money, doesn't matter if its been paid or not. Please tell me I'm wrong and why.

If not, then thats a little scary, for everyone. :jaw::???:

Link to post
Share on other sites

Having read many threads regarding cca's and there enforcability, it always appears that provided the agreement contains the core prescribed terms its game over for the alledged debtor.

What I dont see is how the existence of an agreement means a debt is owed.

Anyone can, as an example sign an agreement for, lets say a loan, pay it off over a three year period. and then five and a half years down the road recieve threats from a dca. Now its your word against there's.

So you know you paid the loan, because of the elapsed time you no longer have any paperwork, and they can come up with a pre constructed computer print out of an alledged amount owed, along with the agreement you signed. Is it really that easy for them ?

As said enforcable cca = you owe the money, doesn't matter if its been paid or not. Please tell me I'm wrong and why.

If not, then thats a little scary, for everyone. :jaw::???:

 

You are wrong! That's the good news! It does actually happen quite frequently, not as you suggest above, but where a debt is owed but the DCA cannot be sure where the original debtor is. They will then send letters out with very little, if any research to someone of the same name or to the people at the last known address of the debtor demanding payment.

 

Ultimately I guess if it went to court you are innocent until proven guilty. In your actual example it woud be easy as after 5 1/2 years it would still be on your credit record as fully paid.

Link to post
Share on other sites

because then they would be commiting fraud, we all know these companies dont play by the rules but taking the next step to actually wilfully commit fraud is even beyond their capability

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

Thanks for clearing that one up, of course as said, up to 6 years it's on your credit file any way, after six years it might not show, but then the stat barred situation comes into play.

As far as dca's not willfully commiting fraud !!

They are unlikely to hold there hands up to that one, it would of course be an honest case of mistaken identity, or an admin error.

At least I now know that a cca is no proof that a debt exists on its own. Just that a contract once existed. Would that be a fair comment. :???:

Link to post
Share on other sites

Thanks for clearing that one up, of course as said, up to 6 years it's on your credit file any way, after six years it might not show, but then the stat barred situation comes into play.

As far as dca's not willfully commiting fraud !!

They are unlikely to hold there hands up to that one, it would of course be an honest case of mistaken identity, or an admin error.

At least I now know that a cca is no proof that a debt exists on its own. Just that a contract once existed. Would that be a fair comment. :???:

 

Yes, possibly. Another thing this shows up is the importance ok keeping record files.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...