Way forward now for CCA?

[Bitzer]

Hi, Im new to this forum and would appreciate some help!

Have been fighting an "unenforceable CCA" (No prescribed terms/app form etc) for over 2 years and had not heard anything from DCA for over 14 months who have now started phoning me again.

Obviously Im finding out the landscape has changed over this time and Im realising that the route I started out on has come to an abrupt halt.

Really not sure how to fight this now or how I start negotiating a settlement.
If I stay on the original CCA argument, will this end up in court with me having little chance of winning or will I get lucky and they will back down?

[CleverClogs]

Re: Way forward now for CCA?

When was the last payment made?

When did you last acknowledge the alleged debt in writing?

[Angry Cat]

Re: Way forward now for CCA?

And, the name of the DCA?

[Bitzer]

Re: Way forward now for CCA?

Hi CleverClogs

The last payment was made approx Sept 2008
Last contact (letter sent) August 2009 asking for copy of CCA

Hi Angry Cat,

DCA is Experto Credite

[Caspar]

Re: Way forward now for CCA?

Have you read this?

Dealing with DCA's - Legal Beagles Consumer Forum

[Bitzer]

Re: Way forward now for CCA?

Have read that Caspar and it is brilliant, wish I'd seen it sooner, however it was started in 2008 and whilst it runs up to date in 2011 it doesn't really give an indication that the CCA fight is still ongoing or if other rulings/cases have affected things.

[Crispybacon]

Re: Way forward now for CCA?

Hi Bitzer

Is the CCA route worth fighting? - the simple answer is each case is dependant on its own merits.

Are you likely to be taken to court? Maybe/maybe not.

There are more judgements in creditors favour but recent ones also in debtors (Harrison v Link for example).

So it depends on your attitude towards the risk but also on your creditors attitude towards risk too! They will not want another judgement awarded in a debtors favour so will pick their fights very carefully.

Did you actually get a copy of your CCA? You mentioned that the last contact you had was sending them a CCA request in August 09. Did you get a response to this?

Crispy

[Bitzer]

Re: Way forward now for CCA?

Hi Crispy,

I have a copy of the CCA from both the OC and the then from a DCA, which is basically a Application Form.
I am prepared to push things as far as court but am unsure of what my next move is when I write to them.
As I said in an earlier post I heard nothing for well over a year and have started receiving phone calls again.
Should I send a letter asking for the phone calls to stop or write saying the debt is not owed to them etc?

[Caspar]

Re: Way forward now for CCA?

What you need to establish is does the application form provide an accurate reconstitution of the original agreement. You don't say what sort of agreement you've got, but are the prescribed terms there? If so, are they accurate (ignoring things that would count as de minimis such as a slight spelling mistake in your address). If they are not all there, what is missing for the type of agreement you have?

As previously said, things have swayed a little back towards the debtor of late, but you have to have solid reasons to go the unenforceability route and I believe that unless you are well used to being a LIP, it is advised you get good professional help in challenging it.

[Bitzer]

Re: Way forward now for CCA?

Thanks for reply Caspar, There are no prescribed terms and im not sure how i would know the application form provides an accurate reconstitution of the original agreement.
Not sure of the term LIP?
What comfort/positives can be taken from things swaying back towards the debtor?
Presumably the DCA's have bided their time and are all out now knowing we have little chance of winning?

[whatnest]

Re: Way forward now for CCA?

I suggest you start by writing to them and tell them you no longer wish to be contacted by phone, you require ALL communication in writing. I suggest you then do nothing until you get something in writing.. they may just go away !!!!
If they call in the meantime do not enter into any sort or discussion simply say you do not deal with your finances over the phone and you wish to only be contacted in writing.

[Angry Cat]

Re: Way forward now for CCA?

Hi CleverClogs

The last payment was made approx Sept 2008
Last contact (letter sent) August 2009 asking for copy of CCA

Hi Angry Cat,

DCA is Experto Credite

Re: your last contact, you had a right to request information and your payment was simply the statutory fee payable.

On what date did you make your application for credit to the original creditor?

And, did you take out payment protection insurance (PPI) at the same time or, after the application for credit?

[WendyB]

Re: Way forward now for CCA?

Hi Crispy,

I have a copy of the CCA from both the OC and the then from a DCA, which is basically a Application Form.
I am prepared to push things as far as court but am unsure of what my next move is when I write to them.

I always thought you could only use unenforceability as a defence, but as they haven't taken you to court then that would be a non-starter in this case. However, Garlok posted the following on another thread which seems to me to put it quite well , made me understand it much better.

In theory you can use unenforcebility as a cause of action and it was used with some succes in the early days under the failure to comply with s78 of the Act. It was used extensively by CMCs looking for a fast buck.

You would be most unwise to bring a claim now on this basis and in fact you would be most unwise to bring a claim at all without professional help and the standard advice from them is to wait, put your case together with as much ammunition as possible acorss a variety of points and then defend putting the claimant to strict proof on every clause of his POC. Unless of course there are extenuating circumstances as in "Harrison".

__________________


Read more at: Is this enforcable CCA? - Legal Beagles Consumer Forum

[CleverClogs]

Re: Way forward now for CCA?

Perhaps I should point out that Garlok meant Harrison v Link rather than Harrison v Burke.

[Caspar]

Re: Way forward now for CCA?

LIP = Litigant in Person (defending yourself rather than using a professional).

If there are no prescribed terms then it clearly is not an accurate reconstitution. I totally agree that your best way forward is to prepare your defence in case, and meanwhile wait for them to take action.

It might be helpful to post up what has been sent so we can see it and also we would need to know what the agreement was for (fixed sum loan, running credit -eg- credit card or store card, or Hire Purchase) - each has their own set of prescribed terms.

If you do not wish to post this on a public forum, then you could contact the site team and ask if they'd be prepared to post it in the VIP section.