CCa default and 30 days up...what next?

[Guest Fallenangel]

Hi what happens now and who do I complain to? Sent my CCA request, I know they got it..12 + 2 days plus 30 days is up tomorrow.....and its RUTHBRIDGE !!!

[lookinforinfo]

Providing you mean twelve working days-ie no weekends or bank holidays included-then the debt becomes unenforceable until such time as they can produce the original executed agreement.

 

However there is a provision in the Act for the Court to grant them more time so do not be too quick off the mark.

You then may have a choice to make. You can either report them or do a deal with them to remove all the derogatory data from your credit file and

agree to write off your debt marked as satisfied for example, in return for you not reporting them-but choose your words carefully. It will also depend on

how big your debt is with them.

[Curlyben]

WAIT, until they start demanding payment again.

While you are waiting get all your documentation and loggs together for Trading Standards.

AFTER they damand payment without the CCA then report them to TS.

Now when dealing with TS be calm and professional as ranting and raving and demanding action will get you no where fast.

[Guest Fallenangel]

Hi guys.....the amount is just over 1000. Its a debt from 1997 which we have been paying to DL&C for years till for some reason they passed it on to ruthless. Have been threatened with bancrupcy etc....thats why I sent cca request. Seems a bit pointless really though if they produce CCa at any time they can still make life a misery.....woundered what the point of the time limits were?....

[speckles]

Hi there, I'm in the same situation, debt dates back to 1999 and for just over the £1,000. Had been paying to DLC and then when I said I couldn't pay anymore they, just sold the date onto to Ruthless. Now I've not heard anything for ages now, well since I CCA requested them and the 30 days were up about 10 days ago. Trouble is, although, I know I should probably write to them, I'm going to wait until they start up again as, I've got 2 small children and I don't want to get loads of phone calls from them at all times of the day and night. This seems to be their preferred method of harassment, looking at others stories. So think Curlyben's advise to be good, just sit back and let them demand payment again. Whilst they can't produce a CCA, the debt is unenforceable anyhow. reading the others threads, looks like they hardly ever produce any genuine CCA's as well.

[lookinforinfo]

Fallen Angel-the point of the time limits is once they have passed, they cannot pursue you for the debt, or charge interest on it, until they can

produce the original agreement.And they are liable to a fine of up to £2500

if the Judge thinks it is merited.

Many companies seem unable to supply the document thus rendering the

debt unenforceable. So as your debt is much lower than the potential fine,

any sensible company, you would think, would rather negotiate out of

going to Court with you, rather than being difficult.

After all, it costs them nothing to remove a default. And to write off £1000

as opposed to getting a potential £2500 fine plus a criminal record would

appear a good deal.You just have to word it in such a way that it is a win-win

situation for both of you, rather than trying to force them down the barrel of a gun as it were, and leave yourself open to a sort of blackmailing job on them.

[Guest Fallenangel]

Hi speckles!! I have been very careful NOT to give anyone my home phone number, and have always been advised to deal with them in writing!

 

Thanks for that LFI i will wait till they re appear (which they will) and them come back for more help

[speckles]

Hi there, I have written to them and requested that they don't phone me but, they did ignore that until I pointed out to them that they shouldn't be phoning and that I wasn't prepared to talk to them over the phone. Said I was going to put the phone down on them which, I did! Apart from a letter from the morons about 3 weeks after my CCA request received by them, asking that I contact them re my account, (of course I didn't), they've gone a bit quiet. Not that I'm complaining but, I did quite enjoy being horrible to them, took all my frustration out on them!!

 

Kind regards, speckles