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  • #1

    CCA request £1 etc.

    Hi all,

    Can somebody explain how powerful this template can be as a tool?

    http://www.all-about-debt.co.uk/old/...2-cca-requests

    The reason for asking is partly because of the Christmas run up and I'm sure a few DCA's will be a bit slack and not respond within 12 days. If this were to be the case would matters become truly unenforcible?

    Thanks.
    Tags: action, cca, cca request, christmas, court, dca, dca's, debt, debts, defence, firm, legal, legal action, legislation, letters, list, mas, mat, niddy, notes, pay, payments, statute, statute barred, template, thank you, unenforceability, unenforceable, working
  • #2
    Re: CCA request £1 etc.

    Of course it's powerful as a tool because it starts the UE ball rolling and many of us have debts that are well on the way to becoming statute barred.

    It actually doesn't matter too much if they don't respond within the 12 days as it's UE until they do respond. After that, it depends on what they send.
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    • #3
      Re: CCA request £1 etc.

      Thank you Pixie. It was this paragraph that got my attention.


      If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
      • make the debtor pay the debt before they're supposed to
      • get a court judgment against the debtor



      I'm forever the optimist lol.

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      • #4
        Re: CCA request £1 etc.

        You're misreading and reading too much into something that was never there mate, when you get an agreement from the dca send to us to check then we'll clarify if it is EN or UE.

        its not as simple as asking a quick question, there are hundreds of variables that affect an agreement and it's enforceable status.

        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: CCA request £1 etc.

          Thanks Niddy I think I'll stop reading for now and take the mutt for a nice walk

          Comment

          • #6
            Re: CCA request £1 etc.

            Originally posted by mike'y View Post
            Hi all,

            Can somebody explain how powerful this template can be as a tool?

            http://www.all-about-debt.co.uk/old/...2-cca-requests

            The reason for asking is partly because of the Christmas run up and I'm sure a few DCA's will be a bit slack and not respond within 12 days. If this were to be the case would matters become truly unenforcible?

            Thanks.
            Read the main legislative notes --> http://www.legislation.gov.uk/ukpga/1974/39/section/78

            However from that you must realise that just because they've not complied with s.78 does not mean it is irredeemably unenforceable which is only what a judge can confirm. s.78 only prohibits legal action, but that doesn't mean they won't start legal action - it just means you have a slight defence, which lately judges are allowing an adjournment for them to comply so we only use the provisions really to cease payments.

            Hope that helps explain it better.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

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