What happens after sending CCA request

[USB125]

I have sent off 2 CCA requests and got the same reply back from Lowells, that thay would try to provide statements within 12 days, what happens if they cant/dont supply this information, does it end the chasing from them and mean they cant pursue you for money?

[USB125]

Re: What happens after sending CCA request

Hi, I hope someone can reply on this please, as this is my current situation with with two claims, I just dont know what to expect next, it seems this is the whole point of sending off the two CCA requests to lowells, but after they have said "they are trying to get my account details and signed agreement", but what will happen if they cant get these(as i am sure they cant as signed agreements dont exsist as i never signed these anyway).
Just want to get an Idea if this is it now and I wont hear back from them again?

[USB125]

Re: What happens after sending CCA request

Can no one help with this Please.

[Amethyst]

Re: What happens after sending CCA request

It usually makes them back off a bit or pass the debt on. They are unable to enforce the debt without the agreements being supplied.

What date(ish) were the accounts opened? and what kind of debts are they ?

[USB125]

Re: What happens after sending CCA request

There the ones i posted on here under "Prove It Letter" they are one with HFC an old Bank Loan and the other a home shopping catalogue, the bank CCA was sent to them over a month ago and the catalogue one was sent off about two weeks ago, i had a reply back from them about both and they said they were trying to gain these documents but may take time etc.

[Charlieddel123]

Re: What happens after sending CCA request

I have a similar situation myself. I sent the proof of debt letters, with a cut off for the 3rd February. They did respond, stating they would need more time to show me the proof, to date still nothing and to date no more chasing, but, I doubt veeeery much this is that last I hear!

I did challenge two O2 debts which I have no recollection of taking out, they did send me 'proof' from O2, which was ridiculous piece of paper, which had no real evidence except my name and old address and some dates and figures, I challenged this immediately, and last Friday, they wrote to me 'cancelling' these debts altogether.

I'll update when I hear from them next with regards to the others.

[Celestine]

Re: What happens after sending CCA request

Whilst a creditor is unable to supply a copy of the agreement, they are unable to enforce the debt. (CCJ/Bankruptcy)

The 12 day period is slightly irrelevant as most creditors will struggle to turn around a request so fast. Therefore most s.77-79 request trigger breach, BUT the agreement could be provided many weeks/months/years later and so long as it appears within the 6 year Limitation Act period, the debt would 'come alive' again.

It is important to remember that currently, enforcement ONLY means a county court judgment or bankruptcy.

So, they will still phone you, send you letters, threaten doorstep visits, default your credit file and START CCJ's and Bankruptcies. I started a case today which has been in breach of s.78 for 4.5 years but the creditor has issued a claim. Such claims need defending firmly to illustrate non compliance with CCA. e.g Keep documents such as proofs of postage/letters etc.

If during the dispute time, you are harassed excessively, you can also send the creditor a warning letter regarding Protection from Harassment. A recent case resulted in an 8k damages win for the claimant receiving 3 calls a day over 6 months!

http://www.legalbeagles.info/forums/...rts-v-BoS-2013