CCA request/SAR

biggaz26

Ive read alot about these and Im not sure what to do...I have a number of debts that I am getting on top of some I have been paying to the likes of Link Financial and Cabot some are with the original creditor.

With those that are with a collections company should I be asking for a CCA before agreeing to pay anything or should I start to ask for one now.

I have no problem paying the debt off, its mine after all but some of these collections companies seem happy to use underhand tactics so if I can dont see why I shouldnt.

Anyway, any advise and opinions would be greatfully received.

Cheers Then Ta

G

Jesthar

Hi gaz,

Tought one, isn't it? It's very much personal opinion - some will say you should pay off everything you owe, as you ran up the debt, others will say if the original creditors couldn't be bothered to make sure the paperwork was correct, they're just getting their just desserts now when people refuse to pay.

Personally (and I say this as someone who has never been chased by any of these companies), I would go with a halfway house approach. If I had a debt still with the original creditor, I would endeavor to pay it back as I would genuinely owe it them whether or not the paperwork was up to scratch.

If they passed to to a DCA, though, then the first thing I would do would be challenge it! In selling the debt on, the original creditor has received all they ever will for the account and are now out the frame, so why should I pay money to someone I have never owed money to before if they arent legally entitiled to it? After all, that is what they have bought (probably for pennies), the right to collect a legally enforecable debt - so if they have no legal right to enforce it, why pay them?

~Jes

biggaz26

Cheers for the advise.

Just to clear one point up. What if I have paid some of this money off...can I still ask for a CCA and if its not provided tell them to get lost? Or does making payments mean I have accepted the debt is mine and I then have to pay it off?

Cheers then ta

G

Jesthar

Hi gaz,

A CCA request can still be made if you have been paying the debt, yes. If they can't produce a valid CCA (and they may prodoce *something*, but that doesn't automatically make it valid!) within 12+2 working days, then then the debt is in dispute and unenforceable until such a time as they both find the valid CCA AND go to court to get the debt reopened.

'Making payments' is only really of concern where Statute Barred is concerned (where a debt becomes unenforceable due to not being acknowledged or a payment made for 6 years/5 in Scotland), as it counts as 'acknowledging' a debt in that context. CCA requests are a completely different thing, and concern whether a debt is actually legally owed at all.

You can, of course, continue to pay out of the goodness of your heart, but that would then be entirely ay your discretion...

~Jes

biggaz26

Nice one...I will send my CCA requests this afternoon and see what happens.

What is this Statute Barred you speak of. Sorry Im a bit think with regards to the terms of debts.

I yunderstand that it becomes statute barred after 6 years of no payments but what doea that mean?

biggaz26

also, is there a template somewhere that i can use or do i just send a letter saying send it heres a tenner...you have 14 working days so sort it or get F*&"£D?

Cheers then ta

G

Jesthar

biggaz26 wrote: »

also, is there a template somewhere that i can use or do i just send a letter saying send it heres a tenner...you have 14 working days so sort it or get F*&"£D?

:rotfl:Not quite, but similar - try post 8 on this thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

You need to send the letters by recorded delivery so they can't lie about receiving them. Critically, do NOT sign the letters - print or type your name only, as some Debt Collection Agencies have been known to use sample signatures to forge 'original' documents. For the same reason, you need to send the £1 fee as a Postal Order rather than a personal cheque (unless you can get someone else to write and sign cheques for you).

Check to see when the letters are signed for, and make a note of when 12+2 working days are up for each one. You can then send the followup 'account in dispute' 12+2 letter - post 5 in the thread above - IMPORTANT - you need to delete this bit "If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired. " from the second paragraph as that is no longer law. Again, send them recorded and unsigned.

Statute Barred - in a very simple nutshell, the Law says that it is unreasonable to chase a debtor for very old debts. So if a period of 6 years expires (5 years in Scotland) where a debt is neither acknowledged in writing or a payment made towars it, the debt is classified as 'Statue Barred' and can never become legally enforceable ever again. it is very difficult to avoid a debt deliberately in this way, though, unless the person in question is going to live like a hermit (and without any banking facilities!) for those six years.

~Jes

biggaz26

Sorry to be a pain but when you say 'where a debt is neither acknowledged in writing or a payment made towards it' is that written acknowledgement by me or by the creditor?

It's just I have some very hefty debt from 2002 that I have not paid towards nor sent any written acknowlegemtn for, would be interested to know if they are now legally dead so to speak.

Thanks again for all your help!

Cheers then ta
G

Jesthar

That's by you, not the creditor. And if you genuinely haven't made payment or acknowledged the debt in writing since 2002 then they are definitely Stature Barred by now - UNLESS there is a County Court Judgement against them, as CCJed debts never expire as far as I understand it.

If there is no CCJ (it would show on your credit file, I think, but this is NOT my specialist subject!), then if you have been chased for this debt the debt company has been very naughty indeed. There is a Statue Barred letter on that thread with the other letters, too - post 3. Same posting rules apply - don't sign, and send recorded.

Only bother with the letters if you are actually being chased for these debts, though - waste of postage if not!

~Jes

biggaz26

So far as I am aware I have no CCjs against my name. Not sure how sometimes but I guess writing to a credit reference agency is the only way to find out?

Cheers Then Ta

G

Jesthar

You can get free trials of the major ones (Experian, Equifax) on the internet - or you can even get paid cashback for taking these trials through some cashback wensites (TopCashBack, Quidco etc.)!

Watch out for some of the 'non big name' sites, though - they can be scams.

~Jes