CCA 1974 and S77-79 requests

[redbat]

Hi all

I am very confused.

I have been reading this forum for a very long time until I finally signed up.

In the past when people have talked about sending a CCA request and that the result was unenforceable they have been told that this site does not condone debt avoidance, Fair enough, neither do I, if you owe a debt you owe it.

 

More recently I have seen some more posts where members of long standing have been talking about debts being unenforceable or do not comply with the CCA.

 

So does sending CCA request work and can you get out of paying a debt if the creditor doesn't comply.

Really confused about the ethics of it all

 

Thanks

[dx100uk]

there are, particularly with those debts prior to 2007, instances whereby, a CCA might well be un-en, esp if whomever supplied it to you, decided to issue a recon.

 

the rules changed in 2007 , those issued prior to that, ideally, if they wanted to get you in court, they'd need a copy of the signed original.

 

thse issued post 2007, its not really worth trying it on.

 

each case, whatever its age, is somewhat individual. and various factors need to be considered.

 

one factor that was, in the early days, the CCA.

 

today & since 2007 with the various court cases too, its now a bit of a judge lottery

and its a brave man, that stands before a judge

with a clear financial link, statements & a recon CCA

 

and says the debt is not mine m'lud..

 

there was a period when alot of CCa's could be challenged

 

those days are long gone.

 

sadly there were still groups of people that would not 'move-on'

 

thats when we began to pointout CAG will not condone debt acvoidance.

 

its all very well geeing people up

yea go to court, thats rubbish, bog-paper..

 

then when you loose they disappear.

 

dx

[redbat]

Thanks. I have no intention of paying anyone or using a service such as the Rankines (I know they are gone) . I will look at what of my older debts are unenforceable, not because I want to dodge but because I have no money income or assets

[dx100uk]

ok well let us know the details of each debt

there are otherways .

 

dx

[BRIGADIER2JCS]

dxs advice is dead right, but you should also remember that just because a debt is unenforceable in court does not mean is is extinguished, it still exists and all collection methods short of court action can still be pursude.

[redbat]

Yes I understand that but after 6 years it will become statute barred.

However I am interested in what the other methods Dx mentioned are.

The debts are a mixture of loans and credit cards

[BRIGADIER2JCS]

I think you should make a list of all the debts individually who is chasing the debt./owns the debt.

What is owed.

When was the last payment made.

Whe was the debt last acknowledged in writting.

Check your credit reference files Experian and Equifax have free 30 day trials, Noddle (callcredit ) is free but no always up to date.

 

All making a CCA request to a DCA is going to achieve is if they have an agreement or not.

[redbat]

Thanks Brigadier

I thought the whole point of a CCA request was exactly that, to see if they have an agreement. If they don't they can not enforce

 

What difference will looking at my credit file make.

 

As for details, all the debts are current i.e they have had a payment in the last year but I am not quite ready to post in public the full extent of my stupidity

[BRIGADIER2JCS]

The lack of a CCA these days as my colleague dx100 has nentioned is not the ''tool'' it used to be, the use of reconstituted agreements + statements showing useage of a credit facility and payments made to it are likely to persuade a judge that an agreement and obligation exists.

[redbat]

I am only talking about pre April 2007 agreements and I thought that S127(3) effectively barred enforcement if no agreement was in place and Waksman said that for enforcement the original should be available. I fully understand that post April 2007 agreements are completely different.

 

Have I got that right?

 

Then of course we go down the route of defaults/terminations/notice of assignments all of which can render an agreement UE

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?365574-highlandertom-vs.-Moorcroft-Barclaycard&p=3983049#post3983049

 

You will see from the B/shark letter in the first post of the link above.. that they acknowledge whilst they are in default of a s78 request they are unable to enforce.. eg obtain a judgment, but they will be able to report to CRAs, demand money etc.

[redbat]

Thank you CitizenB. Knowing that they can not enforce would make the trouble of them writing to me bearable until such a time that either the debts become statute barred or I am in a position to repay. I am a case of can't pay as opposed to won't pay