what do i do?

anton1_2

hi everyone,
this is my first time posting so i hope ive got it all right!!ok i will try and be brief.I have been paying cabot since june 07 for two debts that i owe but had thought or rather hoped had gone away.The debts amount to just under £10000.I had never recieved any contact from the original creditor for 7 years and there are no defaults on my credit reports from experian or equifax.I recently disputed the debts as i was made aware of statute barred and sent cabot the statute barred letters on the 19th march,they acknowleged these and disputed the claim as i had made and have been making payments to them.As they had disputed this i thought i should send the CCA letter to them(30/03),again they aknowledged and said that they would contact original creditor.On the 27/04 i sent a accounts in dispute letter.On the 29/04 they sent me one of the original cca`s the other they are trying to locate.
The one they sent me seems correct though it seems to contain all the required info on it some things dont add up.The cca sent is entitled `credit agreement`,it has the amount of loan,insurance and charge for credit.The apr is quoted as is the monthly repayments and it is signed by all parties.However the terms and conditions sent totaly seperate and are not relevant to a loan, they are for a credit card and are the current terms and conditions and they quote a different apr.More importantly there is a sticker with a bar code which states `APPLICATION FORM`?Its somewhat confused me.My question is,is this correct for a CCA if it is do i pay them even though the account was not acknowledged for well over 6 years?sorry for it being so long winded i will try and summarize..
june 07 started paying CABOT
march 19/09 sent STATUTE LETTERS
march 30/09 sent CCA letters
april 27/09 sent accounts in dispute
april 29/09 recieved one of the CCA`s
About me:-wife and two kids,wife went bankrupt back in 03,i became disabled in 05 and though told to give up working have refused though limited to what i can do and earn(low),rent our home have low income and have struggled for so many years but always manage to keep afloat.My reasons for questioning the debts began when i sat and worked out that on my current repayment scheme it would take 190years to pay CABOT the full amount and as my disability holds me back from earning good money our circumstances have little chance of improving,the thought of being indebted to CABOT til my dieing breath gives me nightmares LOL
ps have spent an hour now worrying wether to press the post this thread button

rigger_john

Hi Anton, and welcome to DFW, if more than 6 years had passed before you started making repayments on the debts, they are statuted barred, as I understand it making a payment towards them or even admitting the debt after the six years without contact has passed does not change that.

I think you can write to the creditors and inform them you will not be paying the debts, I'm sure somebody lik Rog or Fermi will be able to give you a much fuller answer though in the mean time

BUMP

anton1_2

thankyou rigger_john,like others we have struggled since my partners bankruptcy but have always paid our dues,we had hoped to be seeing some light at the end of the tunnel but this has just confused the issue...

rigger_john

anton1 wrote: »

... we have struggled since my partners bankruptcy ...

When was your bankruptcy, should those debt not be covered in the bankruptcy order?

anton1_2

it was my wife that went bankrupt,we were seperated at the time.the debts are from 1999.i cannot find the figures or amounts in her bankruptcy report.my confusion arises as to why my credit reports are clean.i should say that i have or will be monday sending a SAR request to the original creditor

anton1_2

and confusion over the CCA they sent with the application sticker on it?

anton1_2

also in relation to my other CCA request it is now 29 days and no sign of a CCA.I have already sent the accounts in dispute letter but is there anything else i should do in relation to this request?thankyou

Jesthar

Hey Anton,

This isn't my specialist subject, but I didn't want to read and run. You may find that as this is the weekend (and a Bank Holiday weekend at that) some of our resident experts may not be around as much as they are in the week, but replies will come.

Rigger is right, if there was no contact or payment made to this debt for 7 years, statue barred has already kicked in once. Again, please remember this isn't my specialist subject; others will be able to give a definite answer, but I *think* this can mean that even if you have since made payments (probably under duress, I'd imagine!) the statue barred still applies and they have no legal right to demand money off you. They still WANT the money, though, which is why they will tell you that because you made a payment statute barred no longer applies - this is technically known as a 'lie'. Have a read of the National Debtline factsheet here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act - the bits about unsecured credit debts and what you should do next are very near the top.

More knowledgeable people, please correct me if I'm wrong about the above! Still learning, as ever.

Regarding the potential CCA you have been sent, if you scan it (remember to black out personal details after you scan it) and post it up in the CCA analysis request thread, they will soon tell you whether or not it is the genuine thing or not - thread is here: http://forums.moneysavingexpert.com/showthread.html?t=767025

~Jes

anton1_2

thankyou jes,i got so wrapped up with the worry of all this i forgot its a bankholiday.i dont have a scanner and the photo`s ive taken are not very clear but i will keep taking them to see if one is of use.Its the application sticker on the front of the CCA that confuses me?again thankyou for your time

rigger_john

Hi Anton, as far as I can see you have nothing to worry about, the debt is statute barred and no court can enforce it. Even if you have made payments recently as long as they were after the 6 years of no contact they are not relevent.

The DCA will argue that the debt is not barred because the 6 year clock was reset when you started payments again, in legal terms that claim is what is know as stercus tauri or in english bullsh*t :rotfl:

There is a letter on this site somewhere that not only tell the DCA to take a run and jump but also addresses the issue of your 'acknowledgement' unfortunatly I can't find it, maybe somebody else will come along with a link for you failing that you will just have to search for it.

regards