Help Please.......

ccqueen

I hope someone here may be able to help with this one.

I have an old loan that has not been acknowledged for years and it has been sold on to a DCA.

I requested a copy CCA and they have now written to me saying they are going to commence litigation proceedings against me to settle the debt.

I got a copy of my credit report and the debt is no longer on there the last payment was over 5 years ago and it was on there as outstanding when i last did a credit check about 6 months ago.

There was no default or CCJ or anything so my question is are the DCA just trying their hand? Could they get a CCJ now after so long?

What should I do now?

Hope someone can advise

Thanks

Tixy

Hi

They can get a CCJ for up to 6years from the date of the last payment/or last acknowledgement. If its been over 6years and there is no CCJ then the debt could be statute barred, if less than 6years the could get a CCJ to prevent the debt going statute barred.

Depending on what the CCA request specifically said you may have acknowledged the debt at that point which would mean they have another 6years from then to commence legal proceedings.

RAS

Did you put "I do not acknowledge any debt to your company" on the CCa request?

What did the CCa they sent back look like?

ccqueen

Hi sorry had to go and check what i sent them, i asked them for a copy of the agreement for the debt that they deem to be mine. so not acknowledged it just requested copy CCA.

They sent a copy of the agreement and it looks like it is right.

Seems odd that it has disappeared from my credit file and that after 5 years of no acknowledgement can they really get a CCJ?

Tixy

It may have just temporarily gone sometimes when a debt is sold it goes off the report and then reappears under the new DCA name after a month or so.

Or it could be 6years since the last entry/default. Items drop off your report after 6years.

ccqueen

There was never a default on it it was just showing with an outstanding balance on the report i did about 6 months ago.

It was taken out in Feb 2005 so its definately only 5 years old.

worried they will give me a ccj now and i have just lost my job so can't do anything at the moment.

Thanks for your advice.

Tixy

If its not statute barred you could chance ignoring it until it is (but how long is it since you actually paid - if the account was opened in Feb 05 then did you make some payments towards the debt?)

Or you could write back with a token payment offer (even if you can only afford a few quid a month), that might stop them getting a CCJ or if they did it would at least show in your favour that you were at least trying to repay it now (although ignoring it for years won't go in your favour).

RAS

ccqueen wrote: »

Hi sorry had to go and check what i sent them, i asked them for a copy of the agreement for the debt that they deem to be mine. so not acknowledged it just requested copy CCA.

It is irrelevent whether or not it was just a request for a CCA. Did you write "I do not acknowledge any debt to your company" on the CCA request? If not you have legally acknowledged the debt.

ccqueen wrote: »

They sent a copy of the agreement and it looks like it is right.

Do you know when a CCA is legally complaint? Just because it says it is one, does not mean it is.

Do you have the default letter?

ccqueen

Hi,

This is what i actually put in the letter

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

I do not have a default on my file or ever been issued one, the debt is no longer on my credit file.

Tixy

Then unless the CCA proved unenforceable they are within their rights to take you to court for 6years from the date you sent that letter.

Just because a debt is not on your credit file doesn't mean its not owed.

never-in-doubt

RAS wrote: »

It is irrelevent whether or not it was just a request for a CCA. Did you write "I do not acknowledge any debt to your company" on the CCA request? If not you have legally acknowledged the debt.?

Technically not mate cos elements of a prove it letter do look similar to the CCA request (s.78 request).... i'd be able to argue successfully that requesting CCA does not amount to acknowledgement of debt. That's the extreme that they will try and enforce using the s.78 as reason of acknowledgement..... :D