Please help- CCA Question

MissShoes

Hi all- hope you can help.

I want to challenge one of my accounts- I was offered a catalogue 8 years ago, said yes and it became a credit account. This account is now with a DCA. How do I go about this? I want to send a letter to the DCA saying I am challenging 'knowledge' of this debt but not sure how to word it.

Seen template of this before- would anyone be kind enough to post a link to it?

90% of the balance of this account is interest and charges- I don't know if this makes a difference?

Thanks

Shoes
xx

Tixy

http://forums.moneysavingexpert.com/showpost.html?p=11636295&postcount=9

Hi Miss Shoes - hopefully this is the one you are after - if not should be somewhere on that thread!

MissShoes

Tixy wrote: »

http://forums.moneysavingexpert.com/showpost.html?p=11636295&postcount=9

Hi Miss Shoes - hopefully this is the one you are after - if not should be somewhere on that thread!

Thanks Tixy- I think that's what I need. I know NOT to sign it- just type my name. Do you know if I need to send an exact copy of this to the DCA too or does that letter need to be slightl different?

Thanks.

Shoes

xx

Tixy

If the DCA are chasing you for the debt then arguably you should send the request & letter to them not the original creditor. If a CCA exists (which sounds unlikely) they should have been given a copy of it when the bought the debt.

They may respond to say ask the original creditor for the info but they are legally obliged to provide it. Then they should obtain it from the original creditor and send it to you. That could be hard if it doesn't exist

They may send you something (a CCA or not), they may say they can't find it. You may never hear from them again. Or unbelievably they may even send you a new CCA to sign (I have seen talk of at least one case of this) -I'm sure you don't need telling not too do that -some of these guys think we are as stupid as they are:rolleyes: :rotfl:

MissShoes

Tixy wrote: »

If the DCA are chasing you for the debt then arguably you should send the request & letter to them not the original creditor. If a CCA exists (which sounds unlikely) they should have been given a copy of it when the bought the debt.

They may respond to say ask the original creditor for the info but they are legally obliged to provide it. Then they should obtain it from the original creditor and send it to you. That could be hard if it doesn't exist

They may send you something (a CCA or not), they may say they can't find it. You may never hear from them again. Or unbelievably they may even send you a new CCA to sign (I have seen talk of at least one case of this) -I'm sure you don't need telling not too do that -some of these guys think we are as stupid as they are:rolleyes: :rotfl:

Thanks Tixy- so I'll send a copy of that letter tomorrow to both creditor and DCA just to cover myself, a postal order in each. And if they can't produce the CCA- which they won't be able to- what happens then??

Thanks

Shoes

xx

Peekay32

The debt may be statute barred (which would render it invalid).

costapkt

MissShoes wrote: »

Thanks Tixy- so I'll send a copy of that letter tomorrow to both creditor and DCA just to cover myself, a postal order in each. And if they can't produce the CCA- which they won't be able to- what happens then??

Thanks

Shoes

xx

Just send CCA request to the DCA. They have 12 + 2 days to send it. If you have not received it in this time then the account is in dispute. This means that you can cease paying it. If the DCA produces a CCA anytime after the 14 days they can then ask you to start paying again.
If it has been 6 years or more ( 5 in Scotland ) then the debt is Statute Barred and no payment should be made.

MissShoes

costapkt wrote: »

Just send CCA request to the DCA. They have 12 + 2 days to send it. If you have not received it in this time then the account is in dispute. This means that you can cease paying it. If the DCA produces a CCA anytime after the 14 days they can then ask you to start paying again.
If it has been 6 years or more ( 5 in Scotland ) then the debt is Statute Barred and no payment should be made.

Thanks for replying- statute barred? What does this mean? It is almost 7 years old. Does this mean I shouldn't send this letter or I should amend it? I want to send it today so all replies gratefully received!!!

Shoes xx

Tixy

Hi Miss Shoes

Statute barred is if you have made no payments at all to the debt for over 6years (5 in Scotland) or written to acknowledge the debt in that time.

If its Statute barred then don't send the CCA letter, send a statute barred debt letter instead. - I'll post a link if you need one.

Further info on statute barred http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

MissShoes

Tixy wrote: »

Hi Miss Shoes

Statute barred is if you have made no payments at all to the debt for over 6years (5 in Scotland) or written to acknowledge the debt in that time.

If its Statute barred then don't send the CCA letter, send a statute barred debt letter instead. - I'll post a link if you need one.

Further info on statute barred http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Thanks Tixy- no it's not statute barred then. I'll send the CCA one with the postal order, send it registered and without signing it.

THANKS!!!

Shoes
xx

MissShoes

Ok- sent letter today to the creditor and not the DCA- as soon as I'd done that I wondered if it was the wrong thing to do? Do I need to call the DCA and tell them I am disputing the account? I sent it registered, with the PO and unsigned. Will the creditor just pass it to the DCA?

So the 12+2 takes it to 17th July- or is it 12+2 working days?

Sorry for silly questions- feeling very blonde today lol!

Shoes

xx