Scared of asking this question!

[sandbag]

H all - i'm a bit scared of asking this but i have read loads of threads OTR discussing debt collection etc.I was wondering if it is right to take out a loan or HP etc pay some of it off then stop paying and try and get the loan written off as the company cannot provide a copy off the CCA.

I am in no way having a go at people and am genuinely interested in the ethics of this situation.

Please don't have a go at me!!

Cheers Sandbag.

[Nattie]

Re: Scared of asking this question!

First of all, saying OTR is neither a dirty word nor is it bad to do so. You will not be pilloried for doing so. If the loan does not conform to the correct processes laid down in the CCA then you have every right to challenge it.
If you had a properly executed agreement and the paperwork was correct then yes, it could be said to be immoral to do so, but I do not walk in your shoes so who am i to become moralistic towards you.

[Paule]

Re: Scared of asking this question!

get the loan written off as the company cannot provide a copy off the CCA..

The loan WONT get written off because of the lack of a CCA, the debt will still exist, and MANY dcas will still come after the debt.
It will just get passed on to nastier and nastier outfits more than likely.
Its that they cant enforce the debt without a valid CCA.

Also, are you basing this on a old loan, or is the question based on taking out a new loan?

My opinion, if you take out a loan in full knowledge that you are going to try and evade paying it back using the lack of a valid cca, then I would class this as fraud and immoral.

I have debts and a few dont have a valid CCA, it would be easy for me to stop payments, but I have had the money/goods and therefore I will pay it back, be it at a reduced rate.

PKea

[Tools]

Re: Scared of asking this question!

Hi San,

Firstly you know the majority of us over here, don`t ever be afraid to ask anything.

A CCA (Consumer Credit Agreement) is an agreement to provide goods, services or funds at an Agreed Credit rate. The actual cash price for the goods, services or funds is still a collectable debt. The charge for credit however, if not legally enforceable, is not.

I do have a matter with Simply Be mail order catalogue ongoing at the moment details of which I have still to post. I think you will find it interesting.In fact , will start the thread ASAP for you.

[calamity jane]

Re: Scared of asking this question!

Might be wrong but when I read the post , I thought Sandbag was saying that he wasn't having a go at the people who do try to get the debt written off, but was in fact asking if it was morally right to do this.

Personally I agree with Pkea if you've had the goods/service they should be paid for but I would rather pay the money to the original creditor than some DCA whose methods leave a lot to be desired. So if requesting a copy of the CCA gets the debt passed back all well and good because with no CCA it's possibly easier to come to an agreement with the original creditor to repay at an affordable rate which is what most people want.
For some people, however, through no fault of their own, are in the position where taking this as an opportunity to clear a debt may be their only way.

[sandbag]

Re: Scared of asking this question!

Hi all thanks for your replys ,
That thread would be interesting Tools thanks.

I asked the question because i do have a friend who took out loads of credit and is now being chased but different companies and obviously i want to help him but i do have a issue with him having a good job and just not wanting to pay what he owes.


I'm certainly not judging him or anyone else.

Thanks again.
Cheers Sandbag
( by the way i am a lady! lol)

[Tools]

Re: Scared of asking this question!

Cheers Sandbag
( by the way i am a lady! lol)

Since when , I`ve seen you down a pint in under 3 seconds flat don`t forget

[calamity jane]

Re: Scared of asking this question!

Cheers Sandbag
( by the way i am a lady! lol)

Sorry my mistake :bolt:

[PJ69]

Re: Scared of asking this question!

Since when , I`ve seen you down a pint in under 3 seconds flat don`t forget

I was just thinking the same thing!!!! pmsl

BTW, great to see ya back snad

PJ xXx

[Amethyst]

Re: Scared of asking this question!

I was wondering if it is right to take out a loan or HP etc pay some of it off then stop paying and try and get the loan written off as the company cannot provide a copy off the CCA.

Other than being morally wrong IMO - the majority of companies are a bit more au fait with the requirements of the CCA than they used to be due to publicity and the big wilson cases.

For older debts where someone has gotten into trouble paying and loads of interest and charges have been added on then yes it can be a way of getting the sharks off your back. I would always try and pay back the amount I actually owe - even at £1 a week - which without a CCA is more likely to be accepted. I know lots don't agree with me on that - why pay anything back if its unenforceable?.

CCA is a good knowledge to have to help people struggling with repayment to get things back on their terms so they can manage - or get things written off if need be.

I don't agree with using it to get out of as many legitimatly gained debts as possible.

[sandbag]

Re: Scared of asking this question!

I was just thinking the same thing!!!! pmsl

BTW, great to see ya back snad

PJ xXx

Ha Ha Cheeky!!!

Nice to see you too Peej.
Thanks Tools lol

Thanks everone for your replies.

Cheers Sandbag.