advice please dca hassling for cc debt

beathebanker

hi
i have a defaulted halifax cc owe about 600..nearly all charges though,sent cca request to halifax-they couldnt find it said they would not be able to go to court till they did it said,capquest are hassling for it sent letter saying they are getting ready for court by doin prior checks..can they take me to court if cca is not available according to lender..help plse

jonesMUFCforever

How about coming to an agreement to pay back what you owe.
Halifax can reconstitute a CCA agreement - what would you do then?
It does not matter whether the debt ''is all charges'' - until you are told otherwise you still owe it.

happy_bunny_2

Send Capquest a copy of the letter from halifax, telling them they are breaking OFT guidelines for debt collection as they are not allowed to threaten court action if they know they cannot legally take you to court.

jonesMUFCforever

happy_bunny wrote: »

Send Capquest a copy of the letter from halifax, telling them they are breaking OFT guidelines for debt collection as they are not allowed to threaten court action if they know they cannot legally take you to court.

.............and if they print off a reconstituted copy as per my post?

happy_bunny_2

Depends how old the account is. Per 2007 they need a signed one for court I believe. I had one reconstituted one sent that had so many errors in it. They sent a current one not one that applied at the time.

Bravehearted_2

Just pay what you bleeding owe, instead of trying to beat the banker as your name suggests.

I'm allowed to say that seeing as this is not the DFW board where you're only allowed to post hugs and kisses & "can't be harsh or judge others" :mad:

happy_bunny_2

Bravehearted wrote: »

Just pay what you bleeding owe, instead of trying to beat the banker as your name suggests.

I'm allowed to say that seeing as this is not the DFW board where you're only allowed to post hugs and kisses & "can't be harsh or judge others" :mad:

Sometimes people get into circumstances beyond their control. You too may be there one day and may too need support.

jon1965

If it is pre 2007 and they can not comply with the cca request then the debt is clearly unenforceable. You do however still owe the money. Provided you do not pay or acknowledge the debt and they can not produce the CCA request it becomes statute barred in 6 years.
When you write to them, never ever sign anything, sign it electronically.
There is another forum that gives lots of advice on UE with template letters etc