What do i do next

ronnerx

I recieved a letter from a dca regarding an old creditcard debt £1300 going back to 2003,i asked for a cca and just within the time limit they sent me a copy of the application form its my signature etc, can anyone advise what my next course of action is

Ames

When was the last time you made any payment, or acknowledged in writing that you owe the money?

ronnerx

i cant remember when i last made payment or acknowledged the debt

Oneday77

This might be a phising letter as if it was last acknowledged or paid towards over 6 year sago they can no longer chase it as it is statute barred.
Ask them to prove its your debt, some one else will give more detail soon, I am a bit hazy on it.

Tixy

Hi ronnerx

If there is no CCJ for this debt then have a read of this to see if it might apply to you - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If its not statute barred and is your debt they write to them with either a monthly offer to repay or if you can afford it a full & final offer for a reduced price (template letters for both avaiable if you need).

If you don't know when the last payment was and can't work it out from old post/bank statements then it might be worth seeing if this debt appears on your credit report before you respond.

ronnerx

Thanks tixy it does not appear on my credit report as per online check would it be worth my while writing of for a full report

Ames

Did you check all three credit reference agencies?

ronnerx

Thanks tixy i will contact all3

GeorgeUK

As Tixy says, if you have made no payment towards the debt or acknowledged it in writing in the last 6 years (5 in Scotland), then the debt may be statute barred.

If you are not sure, you could do a subject access request (SAR - cost £10) to the original creditor and this should enable you to see all correspondence and transactions that have happened in the last 6 years. If you have made no payments, then it is probably statute barred.

With the SAR, you should receive all the correspondence, which should include the CCA. An application form, if this is what the DCA has sent you is not the CCA - it would need to have all the prescribed terms for this to have fulfilled their legal obligation and these are extremely rare. If it is only a basic application form, even with your signature, they have not fulfilled their obligation and you could send the 12+2 day letter from the template thread.

I would try to find out first of all if you have made any payments in the last 6 years though. You say it is an old debt going back to 2003 - i take it this is not when you applied for the card? If you think it is close to the 6 year period, you can inform them that the debt is statute barred. It is up to them to prove that the debt is owed and will need to supply information that you can then check. This might be the cheapest option in the short term.

never-in-doubt

ronnerx wrote: »

I recieved a letter from a dca regarding an old creditcard debt £1300 going back to 2003,i asked for a cca and just within the time limit they sent me a copy of the application form its my signature etc, can anyone advise what my next course of action is

You could start by sending a 15. Prove it Letter

Regards to your additional comments regards to the credit file - the reason the account won't show is if it is already statute barred. Therefore you should check with Equifax & Experian and see what data they hold - if nothing then do not respond to that letter, just ignore it totally.

If there is an entry on your credit file, please confirm the last payment date and the default date. This will affect your actual first point of contact, we'll guide you don't worry!

So, dont contact them until you have seen your most recent credit files from Ex & Eq.

ronnerx

Hi ive checked with 3 credit ref online no mention of debt should i write off for a more detailed version