DCAs . Can I reclaim payments if no CCA

[sglendevon58]

After joining CAG I realise DCAs have cash cowed me for years. I'm about to CCA them. Can I claim back payments I've made if they can't produce an original CCA?

[BRIGADIER2JCS]

NO, lack of the CCA does not mean the debt does not exist.

[dx100uk]

more info required before we can ever begin to decide anything.

 

dx

[sglendevon58]

Why do you need detail? We're talking in principle here. If they can't produce the original CCA can I at least stop payments to them. If the lack of CCA does not mean the debt does not exist, what proves that it does?

[sglendevon58]

.........and therefore what's the point of asking for the original agreement then? I need advice here.

[sglendevon58]

I had a load of credit cards going back to 2003-2006 and defaulted on all of them. Over time the original debts have been sold on to all the usual suspects - 1st Credit/Moorcroft/Bryan Carter/BLS/DML/Connaught etc - I have been paying minimal amounts for years but no CCJ's.

[sglendevon58]

All I want to know is can I stop payments if they can't produce the original agreement.

[Conniff]

No unless you want a ccj.

 

If there is no CCA, they can make one, it's called a reconstituted CCA.

 

A record of payments is all the proof needed to show there was an account and an agreement, the courts have said so.

[BRIGADIER2JCS]

Exactly Coniff,

 

I suggest the OP takes a read of the Provisions of a section 77/78 request under CCA 1974 and then come back.

 

Quite clearly it seems the credit facility has been used, and as Coniff says a recon can be supplied and together with evidence of usage of the account payments/purchases/drawings will often be enough for a judge to decide a liability exists.

 

The CCA request is a request for information it is NOT a tool to avoid payment.

 

Any payments would be treated as gifted, even if the debt is statute barred.

 

You have made payments = acknowledging the debt unequivocally, so stop payments and see what happens, your choice.

[babydoll0141917]

If the CCAs are pre 2006 ..they would need the original to go to court wouldnt they ? Otherwise why bother sending for a CCA request

[renegadeimp]

Lack of a cca request just stops them enforcing court action. They can still chase you but would be in breach of oft guidelines for not treating the debtor fairly.

[citizenB]

If the CCAs are pre 2006 ..they would need the original to go to court wouldnt they ? Otherwise why bother sending for a CCA request

 

 

This is generally to see if there was any Payment Protection Insurance slipped on - whether or not the prescribed terms were present and they weren't denying you the full protection of the Consumer Act.

[babydoll0141917]

So they dont need the Original then Pre 2006 They can make up a recon has long as all the prescribed terms were on it at the start of the account and correct ?

[citizenB]

So they dont need the Original then Pre 2006 They can make up a recon has long as all the prescribed terms were on it at the start of the account and correct ?

 

Any reconstruction must be truthful and accurate ! They cant "make it right" if it wasn't at the time of the original agreement.

[dx100uk]

april 2007 not 2006

 

dx