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If one has only just stopped paying towards a debt and then stops and it is sold and then one asks for CCA..... can they not come back with a "well look, you paid this account until xx/xx/xxxx so you KNOW it's your debt?"
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Re: Question about aknowledging the debt /s are yours....
They can and do say this, but its not a valid argument. Statue Barred is 1 month from last payment or acknowledgment until 6 years in england, 5 in scotland, doesnt matter if you paid it previously.
Its from the date you last paid or acknowledged the debt that matters.
Asking for a CCA, and what they come back with is what counts with unenforcablity, not whether you have previously paid it before.
If an agreement was unenforcable, and it took you until now to notice it after requesting your CCA, it wouldnt matter that you had paid it beforehand.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
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Re: Question about aknowledging the debt /s are yours....
Awesome, thanks!Comment
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Re: Question about aknowledging the debt /s are yours....
If you ask under s77 (fixed sum loan) or s78 (credit card type loan) for a copy of the agreement that then gives the creditor an obligation to send you a copy of the agreement whether you agree that have a credit agreement with them and are currently paying it or you deny it ever existed and have not paid anythig to them for the last several months. We have won trials where people have effectively said say "yes I know that I have a loan but as you have not complied with the Consumer Credit Act 1974 you cannot force me to repay it to you and I am not currently feeling enough love for you to pay it on a voluntary basis". The court has agreed and the loan has not been collected by the creditor. If you look at the case law on this subject most of the debtors fully admit that they borrowed money from the creditor but refuse to pay it back because the creditor can't comply with the CCA 1974.Comment
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