Old debt resurfaced HELP

Karonher

If the dates coincide with the payments you have been making it does seem that it will be difficult and wrong for you to deny making them, athough it does seem that it was not your suggestion to do that. If they can prove you have made payments what would be the consequences be if you denied it?

Maybe they bought the debt in December 2011 which is why they are only going back that far. I may be wrong but I dont see why that would be significant as it is within 6 years and it seems there have been recent payments made.

rizla_king

paulhgc wrote: »

Also the Transaction list they have provided only dates back to December 2011 and is on plain paper

Tell you what, I'll send you a list of debts you owe me and payments you made, all on a piece of plain paper.

That will conclusively prove you owe me £1,000s, won't it? :rotfl:

Demand proper proof that would stand up in court.

happy_bunny_2

Good news is no CCA means they can't get a CCJ if defended by you on that basis.

paulhgc

happy_bunny wrote: »

Good news is no CCA means they can't get a CCJ if defended by you on that basis.

What is cca ?

paulhgc

ok now a serious question to how i approach this debt

I live with my partner and we share the rent etc etc

so do i go down the budget sheet route and a offer of payment

do i include my partners income in this or just half all of our outgoings etc etc

paulhgc

Or do i demand a copy of the original credit agreement until i make an offer on account ?

happy_bunny_2

paulhgc wrote: »

We would also advise that we are not able to obtain a copy of the original credit agreement due to the age of this account

This is your CCA. Consumer credit agreement.

Without it, they can ask you to pay, lie, threaten the world will cave in, but in reality they can do nothing as they can't enforce in court.

Basically, while not statute barred, you can pay if you like, tell them how much you pay and if they refuse they can Sod off. Don't send them anything like your income expenditure etc.

The statement also sounds dodgy.

So, depends if you want to pay or not basically.

paulhgc

happy_bunny wrote: »

This is your CCA. Consumer credit agreement.

Without it, they can ask you to pay, lie, threaten the world will cave in, but in reality they can do nothing as they can't enforce in court.

Basically, while not statute barred, you can pay if you like, tell them how much you pay and if they refuse they can Sod off. Don't send them anything like your income expenditure etc.

The statement also sounds dodgy.

So, depends if you want to pay or not basically.

So i can write to them again and ask for the original credit agreement

And state that until this is provided i will continue payments as usual at the current rate ?

happy_bunny_2

They already said they can't provide a copy, so I would just say that you have failed to provide a copy, therefore the account is unenforceable, would you like your usual payment or nothing? Failure to confirm within 14 days will result in no payments until you provided the CCA.

paulhgc

happy_bunny wrote: »

They already said they can't provide a copy, so I would just say that you have failed to provide a copy, therefore the account is unenforceable, would you like your usual payment or nothing? Failure to confirm within 14 days will result in no payments until you provided the CCA.

Thank you very much