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A little confused - Advice please


PeteT
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I recently CCA'd Wescott and DLC for 2 debts.

Unsurprisingly I got an initial response from both saying they'd request them from the creditor and some 6 weeks on I've heard nothing.

DLC have removed the default from my credit file along with the several addresses that dreamed up and put on my credit file too, Wescott have done nothing.

 

I understand that the DCA's are in a bad position in regards to the enforcement of the debt, and also in regards to the failure to comply with the CCA, but people say this is a good bargaining point to either get the debt written off, or vastly reduced.

 

My confusion is this - In my CCA I stated that I do not acknowledge the debt with them. Now, if I try to start talks doesn't this then acknowledge the debt? Does this not matter now it's unenforcable?

 

If this is the case I will push to get one with DLC written off (as it's a small amount, and I had months of DPA problems with them) and the one with Wescott settled for as little as possible.

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I recently CCA'd Wescott and DLC for 2 debts.

Unsurprisingly I got an initial response from both saying they'd request them from the creditor and some 6 weeks on I've heard nothing.

DLC have removed the default from my credit file along with the several addresses that dreamed up and put on my credit file too, Wescott have done nothing.

 

I understand that the DCA's are in a bad position in regards to the enforcement of the debt, and also in regards to the failure to comply with the CCA, but people say this is a good bargaining point to either get the debt written off, or vastly reduced.

 

My confusion is this - In my CCA I stated that I do not acknowledge the debt with them. Now, if I try to start talks doesn't this then acknowledge the debt? Does this not matter now it's unenforcable?

 

If this is the case I will push to get one with DLC written off (as it's a small amount, and I had months of DPA problems with them) and the one with Wescott settled for as little as possible.

 

The Limitation Act 1980:

 

For the purpose of the Act, "a debt can only be formally acknowledged, in writing and signed by the debtor".

 

The Consumer Credit Act 1974: (s77-79);

 

After a calendar month in default an offence has been committed.

 

The debt cannot be legally enforced until an acceptable copy of the original agreement has been produced.

 

After 6 weeks.... I'ld say you were in an excellent bargaining position!

Get it in writing if you can!

 

Best Regards, Dave.

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So in short, my acknowledgment of the debt is no longer relevant as they can not legally enforce it anyways.

 

I might get in contact and advise that I will be preparing to contact TS and OFT in the next few weeks, however if the debt is discharged in writing prior to this then I feel there would be no need to contact them.

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