Unable to produce CCA- What next?

[Busymum]

Hi,

I have 3 outstanding debts - 2 with Idem and 1 with PRA and have been paying them through a Debt Management company for the last 7-8 years. There default was put on my credit history and has now been removed as the 6 years has passed. I would now like to agree a F&F settlement with them. I tried to offer this previously but Idem in particular were very difficult and wanted so much information about where the money was coming from, all my financial information etc before even discussing it. Then I asked for a copy of the original CCA and they backed down a bit and have been unable to produce it after nearly 6months.
PRA have also been unable to produce a copy as well. My question is what should I do now? I want to sort these out once and for all but Idem are incredibly difficult to negotiate with and I can't afford the full amount they say they want.
What have other people done in this situation?

[nemesis45]

Re: Unable to produce CCA- What next?

Hi,
Do you know exactly how much is left on each debt? 7-8 years of payments should make quite an impact, is the DMP via a paid service?

If you stop payments there is little they can do other than throw their toys out of the pram, after all this time court action would be out of the question more than 6years having elapsed since the cause of action.

I guess that both Idem and PRA have known all along that they could not enforce without the agreements or compliant reconstituted ones.

My feeling would be to write formally to both Idem and PRA ( search for the CEO of ach company address the offer to them) I've done this in the past to help others in the past. Make the same percentage off to both companies and send by signed for post.

nem

[charitynjw]

Re: Unable to produce CCA- What next?

Did you send formal CCA ss77-79 requests + £1 fee? (Where applicable).

[Busymum]

Re: Unable to produce CCA- What next?

Yes I didn't send that off to them and they acknowledged it and have said they aren't able to find it and acknowledge they can't legally enforce this but also state they have the right to reclaim any outstanding money. There is about 6,000 left with each

- - - Updated - - -

They have sent letters to acknowledge they can't enforce as can't produce the paperwork but have also said they will continue to seek payment of the full amount. Your suggestion sounds sensible

[charitynjw]

Re: Unable to produce CCA- What next?

Firms like these can pursue alleged debts even if they can't find the relevant agreements.

However, pursuing & enforcing are very different animals.
They would need to prove that they have the legal right to enforce, & that would require much more than finding copies.
Eg, the copies need to be compliant, the correct procedure needs to have been followed (S87 Default Notice re CCA agreements, compliant assignments via the Law of Property Act etc etc.

Unfortunately some of these firms view a CCA request as a precursor to cessation of payments & will trigger a county court claim. [MENTION=55034]nemesis45[/MENTION]'s suggestion to tread a softer path is imho not a bad idea for now (Afternoon, Nem ).
I would head any communication 'Without Prejudice'

[warwick65]

Re: Unable to produce CCA- What next?

Hi,

If you stop payments there is little they can do other than throw their toys out of the pram, after all this time court action would be out of the question more than 6years having elapsed since the cause of action.

nem

With all due respect there have been regular payments to all three accounts so legal action is still a very real possibility although without a compliant CCA request they may have difficulties. Having said that they could produce a recon.

It is however good they have said they can not find the agreements

By the way, when were the accounts opened as that might be relevant

[Busymum]

Re: Unable to produce CCA- What next?

The accounts were opened about 12 yrs ago.
can they start a county court procedure without a contract as they have stated they know they can't enforce it in court without the agreement

[warwick65]

Re: Unable to produce CCA- What next?

The accounts were opened about 12 yrs ago.
can they start a county court procedure without a contract as they have stated they know they can't enforce it in court without the agreement

In answer to your question- yes they could although the new pre action protocols might give them a problem as they should have the documents and be able to share them - if they do not they could end up having to pay your costs.

Remember though, what I say is just hypothetical and not necessarily likely . If you let the worry take over your life it will drive you mad.

If it helps I have several letters (mainly from one particular DCA) where they admit they have no contract and it is unenforeceable and I have not heard from them in 4 years or so

I make sure I keep all letters sent and received - personally I keep the hard copy then scan it and keep it in google drive , all of them numbered in date order. maybe a bit OCD but I have copies of every letter sent or received including those saying the account is closed, has been returned to the creditor or is unenforeceable