First credit debt collection :(

RAS

pepe2008 wrote: »

I'm reading it as this ( I have NOT acknowledged the SD )... pepe - have you taken action to set the SD aside?

We know that there is a pretty good chance that a correct CCA will not be produced at any point

Agree

so now we are going to try and get you to admit your liability over the phone

If they do not have the CCA, it is irrelevent whether you admit liability. Even if you were claiming this debt was statute barred, you cannot admit liability over the phone, UNLESS you pay them money.

at least try to squeeze something out of you.

Definately what they hope for

Since the debt is in dispute they should not be chasing you for payment.

pepe2008

Exacertically!!

I thought I saw a big hook with a worm on it in the envelope, I'll go and check!

moneymare

If they do not have the CCA, it is irrelevent whether you admit liability. Even if you were claiming this debt was statute barred, you cannot admit liability over the phone, UNLESS you pay them money.

Interesting. As I felt bullied into making payments some years ago, where do I stand with regards the CCA request??

RAS

moneymare

If you are claiming that the debts is statute barred, then it is important not to admit liability in case it is just inside the time.

if you are using a CCA request, it is completely totally and utterly irrelevant whether you have admitted liability or paid. This applies even if they are trying to get or enforce a CCJ, charging order or make you bankrupt.

debtman2007

so now we are going to try and get you to admit your liability over the phone

If they do not have the CCA, it is irrelevent whether you admit liability. Even if you were claiming this debt was statute barred, you cannot admit liability over the phone, UNLESS you pay them money.

Bit worried by that. I have notified CCCS I have requested CCA's for both accounts some weeks ago. should they now be withholding payments to 1st credit??

pepe2008

Ras, sorry not paying attention ( DD having relationship troubles so trying to be caring dad as well ) No, I haven't taken action to set aside SD. CCCS view was not to acknowledge service in any way as lack of CCA will inhibit further action and any remedy that could be offered would not really differ from that which could be offered if they are stupid/brave enough to try and Petition.

I know that what they want is VCO

RAS

Not going to gainsay CCCS.

RAS

debtman2007 wrote: »

Bit worried by that. I have notified CCCS I have requested CCA's for both accounts some weeks ago. should they now be withholding payments to 1st credit??

Do not worry, does not matter if they pay. Remember the absence of a CCA does not prevent you paying. It prevents the creditor enforcing the debt in the courts.

Some people have defaults already and stop paying. Others want to pay the debt, but ove rthe time period that suits them and without constant hassle. The absence of a CCA allows them to do what they want.

Have a chat with them. Do you have defaults already?

pepe2008

thanks Ras,
These pesky SD's are one of the most confusing things. So much advice seems to differ depending on information source.
Is there a Standard wording with these damn things or is it a case of trying to make them look as officially threatening as possible whilst containing 'required elements'?

debtman2007

RAS wrote: »

Do not worry, does not matter if they pay. Remember the absence of a CCA does not prevent you paying. It prevents the creditor enforcing the debt in the courts.

Some people have defaults already and stop paying. Others want to pay the debt, but ove rthe time period that suits them and without constant hassle. The absence of a CCA allows them to do what they want.

Have a chat with them. Do you have defaults already?

Yes i have already have defaults for each account. CITI issued them before they went to 1st Credit.
I am happy to pay them back but over the terms of my DMP. However, I do not like to be threatened and lied to and if it continues and there is a way i can stop paying them then i may take that route.
At least then i can put the extra money towards paying my more helpful creditors. Down to morals i guess but my patience is wearing thin