been contacted by debt agency to clear off my debt... please advise

RAS

mkaudio wrote: »

Nobody has explained the Statute of limitations to me, its the first i have heard of it ( i will google in a min)

Reas this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

mkaudio wrote: »

i would have made some payments for sure, but very sporadic ones that prob just got munched up by the system.

The chance are that at least one of them is recorded and you cannot claim that the debt is statute barred

mkaudio wrote: »

and dont know what a CCA is

Consumer Credit Agreement. Unless a properly executed CCA is available, the creditor cannot take legal action and you can stop paying

mkaudio wrote: »

and have no idea where my default letter is.

So you need to do a Subject Access Request. Unless a properly executed default letter is produce, the creditor cannot take legal action.


There is a decent chance that one or other of these documents is legally deficient. Once you know this, youi can either stop paying or negoitiate a much reduced offer.

mkaudio

RAS wrote: »

Reas this [page=25_liability_for_debts_and_the_limitation_act[/URL]



The chance are that at least one of them is recorded and you cannot claim that the debt is statute barred



Consumer Credit Agreement. Unless a properly executed CCA is available, the creditor cannot take legal action and you can stop paying



So you need to do a Subject Access Request. Unless a properly executed default letter is produce, the creditor cannot take legal action.


There is a decent chance that one or other of these documents is legally deficient. Once you know this, youi can either stop paying or negoitiate a much reduced offer.

Im am liking the sound of this already, im happy to pay some. i am being a little dumb here but do i contact my debt agency for the CCA and also the Subject access request? thanks so much for all this advise.

RAS

Your tactics rather depend on what you want to acheive.

If you send for the CCA once 12 days have passed unless hey produce a legally complaint CCA, the debt is in dispute and they cannot take further action to collect the debt. Cost £1 and registered postage costs.

They can however produce the document later and it does not have to be the signed CCA.

If you do the SAR, they have to produce the signed CCA and the default and termination letters.

If any of those are faulty, if they try to take legal action against you, you can stop them dead in the water.

If they have got wits, they will halt before court action. If they have not, there are folk who can coach you and even scaredy cats have won their case or settled out of court for 10p in the pound on BIG debts.

Send the request regsitered post to the DCA.

Will post a few links.

RAS

if you read niddy's thread on unenforceablity and template letters, you ca educate yourself on tboth issues and there are template letters

http://forums.moneysavingexpert.com/showthread.html?t=2305463

Use the advanced SAR request.

BLT_2

mkaudio wrote: »

Nobody has explained the Statute of limitations to me, its the first i have heard of it ( i will google in a min)

i would have made some payments for sure, but very sporadic ones that prob just got munched up by the system.

and dont know what a CCA is and have no idea where my default letter is.

I know this is bad and i got in a mess, but seeing i was out of my overdraft for so many years and maybe a chance to get rid of the debt i can see a small light at the end of a very long tunnel i have been in. I also applied for an alliance and leicster band account today so i can get rid of barclays after 1000's of pounds worth of bank charges.

Before you get rid of them have you investigated the possibility of reclaiming your bank charges - that may be your light at the end of the tunnel.

Plenty of people on here to advise you on the process

mkaudio

BLT wrote: »

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Before you get rid of them have you investigated the possibility of reclaiming your bank charges - that may be your light at the end of the tunnel.

Plenty of people on here to advise you on the process

I did pay the 10pounds as recommended by Martin Lewis and sent a letter to barclays. i got the info back and now don't know what to do with it ( its been in my draw as it looked fairly redundant with just charges and a thanks from Barclays )

BLT_2

mkaudio wrote: »

I did pay the 10pounds as recommended by Martin Lewis and sent a letter to barclays. i got the info back and now don't know what to do with it ( its been in my draw as it looked fairly redundant with just charges and a thanks from Barclays )

So in essence you wasted 10 pounds if it is just sitting in your drawer, of course you got thanks from Barclays, they just got another tenner to add to what they have already fleeced from you.

Get it out the drawer, add up your charges and then seek advice from someone on the board or the local CAB, if you really have paid thousands I find it difficult to believe that at least some of it is not reclaimable

RAS

So you have already done a SAR?

Did it include the CCA and default letter?