Another letter from 1st credit, advice please.

cazza65

Hi this was m orriginal post.

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Sorry for the long post but had a letter in October 2006 from mackenzie hall saying they where asking for money from Citifinancial Avco Trust, we then had another letter November 2006 with reduced credit but saying the persuers where 1st credit. Then December 2006 another reduced amount but the persuer was now Citifinancial again. My husband then started making payment as he didn't know what else to do but when we could no longer afford this and looked on this site he stopped paying so they sent us another letter December 2007 saying we have defaulted. We sent them a letter asking for aggreement and sent £1, They then sent us a letter saying they have asked for a copy and the account is now on hold and if we havent had the aggreement in 28 days they will close it and send it back to their clients to decide what next step to take. We had nothing so forgot all about it. Now we have had a letter 25/8/09 saying 1st credit are trying to contact my husband and give a previous address which is 4 addresses behind our current one and asking us to contact them if we know my husband or where he is and if we dont they will asume it is him after 10 days.

My husband can't think what he owes money for and the only thing he can think about goes back 12 years plus. As we asked for a copy from mackenzie in 2007 and this was never given and the account is on hold what should we do? Also as he paid some money in 2006/7 even though he dodn't know what for can they put that against him?

Any advice would be good.

Thanks.

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HI sent a letter from the post you gave, had another letter today and these are the main parts,
They thank for our letter then put " with regards to your statement about the account being statute barred, this has certainly no bearing on this account. The balance was sold to them Jan 2004."

they then state the payments my husband paid in 2007 and thats it. At the top of the letter it gives the balance.

What should be do now as if it was sold to them in 2004 it must have been taken out at the latest 2003 which is about 7 years ago? Wouldn't this make it statute barred even though he did make some payments to the via Mackenzie hall?

Any advice please as it looks like they are saying we still have to pay the money?

They have put they have requested a copy of the agreement. We asked for this from Mackenzie in 2007.

Kyresa

Any payment restarts the clock.

If you've asked them for the agreement, every time they send you another letter, remind them that you are waiting for a copy of the agreement requested on "x" date (make sure you keep the dates of everything!) and you are sure they are aware that the account should be put on hold until the agreement is forthcoming and any dispute can then be settled!

GeorgeUK

First you need to find out what the debt is for - if they can't provide a CCA (and it isn't an overdraft), then the debt may be unenforcable.

If they do have an enforcable CCA, you will need to look at when the payments you made were. If there was ANY period where you made no payments for 6 years and did not acknowledge the debt in wrinting, then the debt may be statute barred even if you made payments after wards. Once a debt becomes statute barred, it remains so. If you did not have a period of 6 years where no payments had been made then the debt may still be outstanding and enforcable.

First though you need to see if it actually his debt or not.