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  • #1

    CCA - are they enforceable?

    Hi there,

    I just wondered if anyone would be able to look at the CCA's i have been sent to see if they are legit or not?

    I'm normally quite good at this stuff but i am stumped!

    Thanks

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  • #2
    webmaster@all-about-debt.co.uk send copy to him do not cross anything out he is the only one to see contents
    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.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Originally posted by EveryCloud View Post
      I just wondered if anyone would be able to look at the CCA's i have been sent to see if they are legit or not?

      I'm normally quite good at this stuff but i am stumped!

      That's a huge question

      There are lots of reasons a debt can be unenforceable not just the credit agreement. So even if the credit agreement appears "legit" there could be flaws with the Default Notice, assignment (if the original creditor sells it to a debt purchaser) and so on.

      Why don't you start a Diary listing each one of your debts in a separate post and give as much background as possible using this format >
      • Type of account (credit card/loan/overdraft/catalogue account etc)
      • Date commenced (ideally before April 2007)
      • Approx balance
      • Date last paid (approximate date you last made a FULL payment)
      • Are you on arrangement or not paying
      • Status (default/in arrears/up-to-date)
      • Account owner (who is writing to you, a DCA or the lender)

      If you read this link you'll see how things work on this forum > https://www.all-about-debt.co.uk/for...-read-me-first

      Are any of your debts being chased by solicitors at this stage?

      I look forward to helping you.

      Di

      Comment

      • #4
        Just to add to what Di has said
        Long story short

        Debt with cap 1 - CCA'd , told it was enforceable
        Sold to Lowell- CCA'd again- exactly the same agreement came back

        Court claim issued- the Judge didn't even get to look at the agreement because the Default Notice supplied was not just bad but non existent - so the enforecability or not of the agreement totally irrelevant
        • 2 likes

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        • #5
          Originally posted by The Tech Clerk View Post
          webmaster@all-about-debt.co.uk send copy to him do not cross anything out he is the only one to see contents
          Thank you, i have emailed.

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