No CCA produced by debt collection agency

[Barley0109]

Hi.

The solicitors who are acting for the debt collection agent (who are the same company) have advised that they do not have a copy of the CCA, the solicitors took out a court order, which is stayed at present as I contested if the debt payment.

The question is, how do I end this with the solicitors and debt agent? What do I put in my letter, do I quote anything?

Just need help now to close this chapter, if I can.

Many thanks, look forward to some advice

[Matty B]

pt2537

I think it depends on how much it is for. The way forward would be to get it struck out but that costs money - not sure what the current fee is

Sadly it is not unheard of for 'stays' to be lifted (or applications made to lift the stay) months or even years after they are stayed.

[echat11]

I'm not sure why you've started 3 threads in total. You don't need to.

[Barley0109]

I have tried to delete but can't, hence the three! I only tried to edit

[echat11]

I have tried to delete but can't, hence the three! I only tried to edit

Don't worry about it, you just need to keep to one thread.

[Barley0109]

Does anyone know of the CCA and the no enforcement without one? Is this true?

[Matty B]

No response to a CCA request is an absolute defence so it is important you can evidence you sent it and they received it. So if they try to lift the stay they are in trouble without complying with the CCA request.

The point I was trying to make was you do need to be vigilant in case they try and sneak in an application to lift the stay or reconstitute the agreement , remember that for a CCA request they can reconstitute. This is why personally I would always recommend more than one line of defence e.g. No DN, incorrect assignment, no CCA etc.

Of course depending on when the account was opened impacts if they need to show an agreement was signed and the value of the claim may influence your next course of action.

[Matty B]

I have found your original post, is this the loan owned by Arrow Global Guernsey? It might be worth a chat with Paul Tilley of Wannops and see what your options are.

Paul posts on here as PT2537. Ptilley@wannops.com

[Barley0109]

Hi Matty,

Thanks.

Yes, that's correct, they own the loan but their solicitors (DrysdenFairFax - Who are Arrow Global)) are the ones making all the correspondence.

They have advised that they do not have the CCA, which I have the letter for.

I will try and contact Paul.

Thanks again.

Regards