Advice on debt recovery greatly apprecciated

sarah03_2

Hi, just sitting down to write the letter referred to above - a quick question: 12 days from the original cca was on 20th july - do I then count an additional 30 days from then?(which i make it to 19th August) many thanks

GeorgeUK

Is that 12 working days since they received it?
It is actually supposed to be 1 calander month if i remember correctly so 20th August, i think.

(Happy to stand corrected)

sarah03_2

ok - i didn't count 12 working days -i've read so much information its all getting jumbbled in my head!
http://forums.moneysavingexpert.com/...html?p=7869437
this is letter i am going to send as suggested, going on holiday on sunday 17th - do you think i should put that somewhere in the letter as everytime they reply to a letter i've sent they put an account on hold until date on it?

GeorgeUK

I wouldn't bother adding that to your letter.
There's more than enough information there to keep them busy and hopefully you'll return to a letter stating that they are no longer pursuing this debt.

sarah03_2

lets hope so - many thanks georgeuk, will update once i've received a reply...
xxx

rog2

sarah03 wrote: »

this is letter i am going to send as suggested, going on holiday on sunday 17th - do you think i should put that somewhere in the letter as everytime they reply to a letter i've sent they put an account on hold until date on it?

Definitely do NOT tell them that you are going on holiday - not that it is any of their business, but they would sieze on this fact to try and insinuate that you are not taking them seriously.
Don't worry about 'the account being put on hold' - that means absolutely nothing.

sarah03_2

hi,
well after sending a 2nd request for the original CCA capquest have sent back another photo copy of the application form , they have this time highlighted the area (normally above signature box) CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974-consulting credit ref agencies etc, then in the signature box they have highlighted-THIS IS A CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 ONLY SIGN IF YOU WANT TO BE BOUND BY ITS TERMS, (yes he has signed but no date), then on the 2nd sheet ( assume this is the back of the application form) they have highlighted, CONDITIONS OF USE - TAKEN FROM CLAUSES 6 & 7.
but still there is a printed apr,but no credit limit, they state that this is enforceable, will speak to national debt helpline over the weekend, but not sure what to do now, they also sent another pile of statements which this time are readable but its not clear on there when the last payment was mad, these are printed on plain paper (no letter headings etc...)they also state in branch payments o/h insists he never paid in branch - ny help is greatly apprecciated, i've tried to read through numerous threads but to be honest I keep confusing myself! no sure which process to follow now...
many thanks
x

GeorgeUK

Hi Sarah

What letters have you sent them so far? All of these?
Original request
12+2 letter
12+2+30 letter

If the document does not have a credit limit stated, then it is not enforcable.

If you are stll unsure as to when the last payment was made to the account, you could request the data from the bank or whoever was the original creditor with a SAR.

sarah03_2

hi georgeuk,
yes I have sent those letters, don't mean to sound dim but whats a sar?

sarah03_2

ignore above- subject access request (sorry had a very long day with my kids @ thomas land!), so this I send to halifax which is who the credit card was with, also this may be nothing but the application form was stamped as being received in January 2000 but the printouts that they have sent go from January 2001.