Thought debt was statute barred, its not. Advice required

uiop

Hi all, I have received a letter from one of the 3 DCA's (not the one I CCA'd) saying they got my request and dont have the CCA but are requesting a copy. Then there is a note that they wont take enforcement action against me while the request is in progress.

Do i still need to send the CCA reminder (the 12+2 has expired) or can I just wait and see what happens now that they have put a hold on things?

WRINKLES

uiop wrote: »

HI, anyone have any thoughts on whether i need to re-CCA? Would like to get it done today if needed.

You have sent a statute barred letter , they have said you made some small payments , i would deny this and demand proof , i have a feeling they are trying to confuse you , stick to your guns .

NorthernLas

While they are looking for the CCA, they cannot enforce, so I would just wait and see what they come up with (I don't think there is any point sending the reminder letter just yet).

uiop

Time for an update on this thread.

On Monday, after months of their being no action by this DCA, I received a letter from them which says that they have included my agreement.

Upon checking the paperwork included it seems very clear to me that they have faked it. The first page of this agreement is more like a letter, card number and credit limit in the top right. My current address on the left (not the one I was at when the account was taken out). Below this is a section headed "Credit Agreement regulated by the Consumer Credit Act 1974" which again lists my current address below this and there is no signature on anything. Not my current one, or the variation I had in the late 90's. This first page is also not on headed paper.

Attached to the back of this is a set of photocopied bank Terms and Conditions, which appear to be correct and include a blank Direct Debit mandate. This is then followed by another Credit Agreement, different to the first (longer/older) with no personal details on it, no signature.

All of the pages have "Copy" stamped on them, prior to the photocopy.

Am i correct that this is a nonsense letter and if so, where do I go from here? I know I will have to pay it off at some point but given this rediculous behaviour by the DCA I would like them to go to the bottom of the priority list.

GeorgeUK

When were the last payments made? How long until it becomes SB?

Due to some court cases, some rules for CCA'ing have changed slightly. If they take you to court, they are still required to provide a copy of the original signed credit agreement and it must be properly executed. To satisfy a CCA request under section 77/78 of the Consumer Credit Act 1974, they are not required to provide a copy of the original document or any signatures - they can provide a "reconstituted" copy. This should however contain the debtor's name and address at the time the agreement was executed. This does not appear to be the case for you so what they have provided does not comply with your request and the debt is still in dispute. You can write to them stating that they have not fulfilled their obligation as some of the terms are missing or incorrect.

If you can afford it, i personally would send a subject access request (SAR - cost £10) to the original creditor to see if they can provide a copy of the original CCA and see if this is properly executed or not. I would want to see what they may take to court, and if they don't have it or it is not properly executed, then you can focus on other debts.