CCA sent and letters and fees returned what do i do now

Sarah76_2

Hi

I have 3 outstanding debts from time with my ex i have CCA all of them and this is what i have back any advice as to what to do now

All Requests sent on 25th June 2010

CCS - Sent back hand written note saying they do not have the facilty to send me the documents required (original CCA signed approx 17yrs ago)

Cabot - Sent me letter stating they would hopefully get back to me in 12 days as they were trying to locate documents (original CCA signed apporx 8yrs ago)

Paragon - Refused to send documents stating that i needed to sign the letters in both my married and single names and that i needed the signature of the first account holder as well. (original doc signed approx 6yrs ago)

Any advice as to what to do now ive been trying to research but just seem to be confusing myself

Many Thanks
Sarah

Hannah_10

OOoh Sarah your luck may be right in... You wanna see the thread on Unenforcibility because all of these are so old now that in effect they no longer count.

Thread is here >>> https://forums.moneysavingexpert.com/discussion/2532927

Don't worry about it being part four, you wont need to read parts one to three, all the important things were copied over each time. Take your time, it's not a quick one. Absolutly don't reply to anything with a signature, in fact don't reply to anything at all until you've ploughed your way down Niddy's Unenforcibility thread because it could be the best paid couple of hours you've ever spent drinking coffee!

bottleofred

Hi Sarah,

As Hannah has said, these debts may be statute barred as more than 6 years have elapsed since an acknowledgement of the debts or payment made towards them in the 6 year period and definately don't sign anything. Wait for the DCAs to get back to you as time appears to be on your side. Even if the Paragon debt is less than 6 years old and they do get back to you, you could consider sending the prove it letter which I have attached below:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Good luck in getting it all sorted

Layton

bottleofred wrote: »

Hi Sarah,

As Hannah has said, these debts may be statute barred as more than 6 years have elapsed since an acknowledgement of the debts or payment made towards them in the 6 year period

Where does the OP say this ?

NorthernLas

Sarah -

You seem to be part way through the CCA process to determine if the debts are not enforceable.

Assuming this is what you are doing and you are aware that you may get defaults, you need to have a look at the flow charts in the enforceability thread III and then use the letters from thread IV.

1. CCS - They do not have the original agreement so this debt is not enforceable. You need to send them a cease and desist letter to confirm to them that you know you cannot be chased and they should stop trying. (Letter 8)

2. Cabot - You should wait to see if they produce a CCA. You should send them reminder letters as described in the flowcharts.

3. Paragon - They do not need to have a signature from you to prove your id, but it suggests that you are not the main card holder. I'm not sure if you are liable as you are an additional card holder. (Letter 10?)

Enforceability thread IV https://forums.moneysavingexpert.com/discussion/2532927

Enforceability thread III for flowcharts https://forums.moneysavingexpert.com/discussion/2305463

DarkConvict

Just to add to NorthernLas excellent advice.

Send this letter for Paragon who wanted a signature. They should not be asking for it if they do not know who you are or trust that your are the debtor. Basically many ask for it so they can maybe forge documents. Its been known to happen, sister writes letters, sisters signature end sup on brothers CCA... - http://forums.moneysavingexpert.com/showpost.html?p=33791861&postcount=20

Sarah76_2

Hi

Thanks for advice, None of them are statue barred as i have been paying. Paragon is a loan not a cc sorry forgot to say that and they sent me original cca via phone request but then refused when i sent the letter also they havent sent me the ppi agreement as they said they didnt have a copy of that as i am contesting why i should be responsible for it as ive never been able to claim on it. I cant cancel their payments as they have my card details and i cant cancel the card at the present as i have other stuff coming out on the card which needs to be paid. I will send the letters to CCS and Cabot failure and reminder ones. I think i will have to deal with one company at a time. I am so anoyed with myself cause debts were run up on secondary cards by my ex but in hinesight we will learn i suppose.

What happens if i send ccs a letter saying that it is unenforcable and they take me to court im quite scared of that tbh my personal debt is minimal and i have no issue paying it but i dont see why i should pay his debt if you see what i mean. this is why i am doing this also is it worth getting a copy of my credit report from experian or same sort of company ??