CCA request sent - £1 cheque has been cashed - no reply

[jjsnowdog]

Hello

I have been managing my debts for over 8 years with step change (6 different borrowers/collection agencies)

Having thought about offering final settlements I came across information for the request for CCAs (on this website)

I have sent all CCA requests off (recorded delivery and payment) and Barclays have been great in providing the necessary documentation and correspondence but PRA (old MBNA card £5500 remaining) and Link (unsure of who original debt remaining £2700) have sent nothing despite cashing the cheque 42 working days ago. I understand from previous advise about the time limit but wanted to just check a few things

1, Am i ok to send a letter (I've seen a template but if anyone could provide a link thanks) stating the above and that the debt is not enforceable?

2, If above is ok have i allowed the correct time?

3, If it is unenforceable am i within my rights to contact stepchange to cease these payments and use the money for the remaining debts?

4, is there anything else i need to do be mindful of?

Thanks for you help and advise

J

[Celestine]

OK, good approach on sending CCA requests off. Beyond 12 days, if no response is received, the debt becomes temporarily unenforceable, possibly permanently. What this means in reality is that they cannot enforce the debt via a judgment in court. It does not mean they cant write to you, telephone you etc. Unenforceable really does mean - no judgment, but does not necessarily protect you from a court claim being issued - it has happened.
I would certainly be writing back to them to chase the documents, but essentially a limbo now exists AND most importantly you can use that to negotiate a better final settlement.
If you cease payments on any of these accounts, there is a genuine possibility they will eventually escalate to court action; but you would be able to defend and they would not get judgment while the CCA is outstanding.

[jjsnowdog]

Thanks

This morning I received a letter from Link saying original creditor are unable to comply with the request for CCA

thus the debt is unenforceable. I understand they may continue to send letters and may find it but what are my best options ?

offer an extremely low settlement figure?

offer a nominal value - 1 pound each month and after 12 months offer a low settlement amount

or just cease paying?

these debts are over 6 years old and not on my current credit report

any advise greatly recieved

[ostell]

Why pay if there is no requirement? They have told you they cannot find the CCA.

You could always pay the money you were paying into a savings account and then after 6 years if the still haven't found it then it is yours.

[jjsnowdog]

Thank you thats what I thought but wanted someone to confirm

Should I just stop or send a letter notifying then of me ceasing payments until cca is found ?