confused!!

[debbie]

I am getting a little confused reading all the sections of the CCA, I would like to know that if a company dose not follow the CCA correctly ie dose not notify me of reassignment weather it be Absolute or not, take more than the legal time limit in which to supply me with the requested cred agreement documents, dose that mean they can no longer enforce the agreement, and if they legaly can no longer enforce the debt dose that mean they cant even take it through a court to recover the debt?

[labman]

Re: confused!!

I am getting a little confused reading all the sections of the CCA, I would like to know that if a company dose not follow the CCA correctly ie dose not notify me of reassignment weather it be Absolute or not, take more than the legal time limit in which to supply me with the requested cred agreement documents, dose that mean they can no longer enforce the agreement, and if they legaly can no longer enforce the debt dose that mean they cant even take it through a court to recover the debt?

Hi Debbie,

The answer sadly is no all the way through. If they don't comply with a CCA request within 14 working days, it is accepted that the account can be put into dispute, though this is actually deabateable.

With a SAR, they have 40 days in which to comply, but it is usually best to allow them a little longer than this.

Where things do become more critical are with Notices of Assignment and any Default Notice served, particularly the latter.

Enforcement is defined as taking court action, so still asking you to pay the debt is not enforcement - a common misunderstanding.

It is rare, but not unknown, nowadays for a debt post April 2007 to be unenforceable (with the possible exception of catalogue debts, and Next who are naughty).

I hope this clarifies a bit for you, but any confusion, just ask away.

[debbie]

Re: confused!!

Hi Labman
Thank you.

Wow I got a LOT of reading to do and notes to take. What is an SAR? And why dose it become more critical where notices of assignment and defaults are concerned?

my debts are pre 2007

[labman]

Re: confused!!

SAR is a Subject Access Request which costs £10.00 (with a few exceptions like some councils), and is made under the Data Protection Act 1997. It gives the organisation to whom it is being made 40 days in which to respond. They have to supply ALL data they hold about you. That is an SAR in baic terms.

A Notice of Assignment is a goodbye from one creditor and hello from another to whom it has been passed (or sold in an Absolute Assignment). Without a NOA the debt cannot technically be collected by another company, which obviously causes them problems.

The Default Notice is critical. It is a three stage process and to be honest best saved until later. For now, try to remember it is important.

There's loads to learn, but it's addictive and you'll soon pick up most of it. I remember getting horribly confused, and making some awful mistakes - I still do! People on here now are really patient and helpful though, so never be afraid to ask, or to make posts helping people. If you're not sure, just make it clear to the poster - someone will soon gently correct you. in the Debt sectioin there's a really good read by Curlyben called 'Dealing With DCA's.' That would be as good a place to start as anywhere, but don't try to take too much in at once.

Happy reading!