No CCA - What to do next?

[A+]

Hi all. For several years i have been hounded over an alleged CC debt to Capital One. After all this time, i finally sent CCA requests (after finding this great site).

I have finally had a response. And from Lowlife Financial too, which i am most surprised about.

 

"We refer to your request........

 

After liaising with Cap 1 we have been advised that it is no longer available due to the length of time since the account was (allegedly) opened with you"

 

What should i do next?

[cerberusalert]

No CCA = no enforceable debt = you don't have to pay them a dime.

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[A+]

Brill thanks Cerburus

[MilkTrayMan]

I would also bear in mind the info contained in the following Post A+, as it may also apply to U, if miraculously a Credit Agreement materialises sometime in the future.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222855-confused-over-cca-statute.html#post2553470

 

 

[A+]

HI Milktray. Thanks for that, i have read that thread but in all honesty i think i am missing something because i can't see any relevance to my situation with Cap 1? Can you please elaborate.

Thanks

[MilkTrayMan]

Simply that a previous non-compliance of a CCA 1974 s77/78/79 Request, thus making an alleged debt unenforceable, isn't the end of it.

...The debt is still deemed to exist.

IF a properly executed Credit Agreement is later found, the debt would become enforceable, unless it has become statute barred that is...

 

McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)