Not much responce to CCA requests for old debts

rebel2

Hi, I have sent 8 requests for CCA's to 6 DCA's concerning some old debts some going back 10 years. Up to now I have had 3 letters saying they do not have them, and would be asking OC for the information. Now what would happen if they sell them on to another DCA like one has allready done who deny any knowledge of my CCA request?. Would the OC have the CCA or would that be the reason in the first place that these DCA's never had them. Some of these accounts were opened in the 1980's.

DarkConvict

If you have not paid any money towards the debt in 6 years, 5 in scotland. The debts are Statute Barred so long as there is no CCJ against them. Which you are sure to know about if their was.

If they are that old, send them a Statute Barred letters.

If they are unable to produce a CCA, then send them a (debt in dispute/i do not acknowledge this debt) letter, 30 days after the statutory 14 days request time on the CCA. In addition if the CCA has not been given after (14+30) days then i believe you can send a report to the FSA about them.

If the debt is in dispute they are not allowed to pass it onto a DCA.

**Ensure you get feedback from others, as i do get my information wrong from time to time.

Tixy

Some of these probably don't have CCAs at all, and because of this they may try and move you from one DCA to another. For others the original creditor may have them but can take a while to find them. The DCA you sent your request to should not chase you for more money until the CCA is produced.

After the 12+2 days were up did you send the next letter? the debt in dispute letter? and if so did you send recorded delivery? If so then they are not allowed to sell the debt on to another DCA and you should send the new DCA this letter - http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=7 and they will likely write back to say that they have closed their file and the debt will either be back with the orginal creditor or the first DCA (confusing isn't it).

If they haven't sent the CCA in 12+2 days you can if you wish stop paying until such time as it is produced.

MrsTinks

I think if the OP is still in contact with the DCAs there is a good chance they have been paying

If the CCA has been requested the DCA shouldn't sell on the debt - if they do then simply send the CCA request to the new "owner" and inform them that you have requested this from xyz on x date and they are currently breaking the law in being unable to produce it and by obviously selling the debt knowing it's unenforcable.

I wouldn't worry unduely until it happens though

Have the DCA's exceeded the time limit to produce the CCAs yet?

sonnyrider

Hi,
Sorry to hijack this thread, but it's similar to a DCA contacting me regarding a loan I Apparently had in 1998. I have no recollection of this loan and have requested they send me proof.

Can they chase me for this loan from 11 years ago?
Definately not had a CCJ

Should I just send them a Statute Barred letter?

MrsTinks

You may have had a CCJ issued to an old address - I would start with the "prove it" letter if you are sure you didn't take out the loan - it's not uncommon for DCAs to pursue the wrong person for a debt...

But yes 11 years is WAY outside statute barred if no payments has been made in that time However so long as you're sure you didn't take out the loan then I wouldn't bother with the statute barred letter

sonnyrider

I have nothing on my credit check on Equifax regarding a CCJ

Should send a Statute or give them the 14 days for them to find the credit agreement?

The 'loan' was sold to CitiFinancial in 2004 and has now been sold to First Credit - who are now chasing me

DarkConvict

If it is in your name and is over 6 years old since last payment, go with statue barred.

If in your name, but under 6 years go with the CCA.

rebel2

Tixy wrote: »

Some of these probably don't have CCAs at all, and because of this they may try and move you from one DCA to another. For others the original creditor may have them but can take a while to find them. The DCA you sent your request to should not chase you for more money until the CCA is produced.

After the 12+2 days were up did you send the next letter? the debt in dispute letter? and if so did you send recorded delivery? If so then they are not allowed to sell the debt on to another DCA and you should send the new DCA this letter - http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=7 and they will likely write back to say that they have closed their file and the debt will either be back with the orginal creditor or the first DCA (confusing isn't it).

If they haven't sent the CCA in 12+2 days you can if you wish stop paying until such time as it is produced.

The time is up Tomorrow 12 plus 2 days,should I send them the first letter, as there seems to be a difference of opinion on this reading the forums?. And yes I have been paying a minimum amount for a number of years even though I thought some of the debts were wrong in some way. This was because the CAB told me to pay first to get them off my back, then sort out later. I never sorted because I suffer from manic depression and having these DCA's chasing me made me worse. I just kind of got into a rut untill now I find myself a lot better due to new treatment, and it's time I fought back!;). The Halifax added over £3000 in interest and charges over 12 months before they passed the account over to a DCA!. They would not accept my expenditure profile even though it was through the CAB!. Bl@@dy banks:mad:.

DarkConvict

rebel2 wrote: »

The time is up Tomorrow 12 plus 2 days,should I send them the first letter, as there seems to be a difference of opinion on this reading the forums?. And yes I have been paying a minimum amount for a number of years even though I thought some of the debts were wrong in some way. This was because the CAB told me to pay first to get them off my back, then sort out later. I never sorted because I suffer from manic depression and having these DCA's chasing me made me worse. I just kind of got into a rut untill now I find myself a lot better due to new treatment, and it's time I fought back!;). The Halifax added over £3000 in interest and charges over 12 months before they passed the account over to a DCA!. They would not accept my expenditure profile even though it was through the CAB!. Bl@@dy banks:mad:.

This thread details the process of CCA requests - Unenforceability & Template Letters

As to claiming back charges, try Reclaim £1,000s

rebel2

DarkConvict wrote: »

This thread details the process of CCA requests - Unenforceability & Template Letters

As to claiming back charges, try Reclaim £1,000s

Thanks for that, really helpfull. I will perhaps send the first letters after 12 plus 2 days, then the ones after a further 30 if I receive nothing tangeable from the dca's of coarse. What usually happens if the account is passed on to the original creditor?, can they actually buy it back from the DCA or are they stuck with it?. If they are stuck with it then are they commiting an offence by selling it to someone else?. A bit confusing this point but I'm sure someone will know something!.