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Old debt resurfaced HELP
Comments
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Well its got very confusing now
The company that was chasing me has passed the debt to another company and sent me a letter stating this
I replied by again asking for the credit agreement and they have sent me my signed application from 1996 is this my credit agreement ?
Do i now ask the new company dealing with the debt for a cca ? and proof of payments ?0 -
Nope, an application form is not a CCA.
They often try and blag it like this.
If the previous company couldn't find it, it's seriously unlikely the new one could.
When a debt gets a new owner, best to start from the beginning. So send them a CCA request.:beer:0 -
Well its got very confusing now
The company that was chasing me has passed the debt to another company and sent me a letter stating this
I replied by again asking for the credit agreement and they have sent me my signed application from 1996 is this my credit agreement ?
Do i now ask the new company dealing with the debt for a cca ? and proof of payments ?
Hi,
Sorry to jump in, just been reading your story, NO this is not your credit agreement, they are trying it on, its what it says it is, an application form, to fully comply with your CCA request, with an account dating back to 1996, they need to provide you with a copy of the actual agreement you signed, this document must include ALL the prescribed terms applicable, ie, amount of credit, credit limit, how you should repay etc, this must all be on the same document, and it must contain your signature, if any one of these items is missing, the document does not comply with consumer credit act 1974 and you can refuse to pay the account on the grounds that your agreement is unenforceable.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Well its got very confusing now
The company that was chasing me has passed the debt to another company and sent me a letter stating this
I replied by again asking for the credit agreement and they have sent me my signed application from 1996 is this my credit agreement ?
Do i now ask the new company dealing with the debt for a cca ? and proof of payments ?
Yes. Rinse and repeat.
This debt is from 1996? I take it nothing has been done on it since? No payment, no formal written acknowledgement? What is on your credit file? Does it appear there? Frankly, I think this is statute barred but it will depend on what the answer to the other questions above are.Debt Free! Long road, but we did it
Meet my best friend : YNAB (you need a budget)
My other best friend is a filofax.
Do or do not, there is no try....Yoda.
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sourcrates wrote: »Hi,
Sorry to jump in, just been reading your story, NO this is not your credit agreement, they are trying it on, its what it says it is, an application form, to fully comply with your CCA request, with an account dating back to 1996, they need to provide you with a copy of the actual agreement you signed, this document must include ALL the prescribed terms applicable, ie, amount of credit, credit limit, how you should repay etc, this must all be on the same document, and it must contain your signature, if any one of these items is missing, the document does not comply with consumer credit act 1974 and you can refuse to pay the account on the grounds that your agreement is unenforceable.
Thankyou very much0 -
Yes. Rinse and repeat.
This debt is from 1996? I take it nothing has been done on it since? No payment, no formal written acknowledgement? What is on your credit file? Does it appear there? Frankly, I think this is statute barred but it will depend on what the answer to the other questions above are.
I have been making token payments of 1 pound
but mever to this company and my credit file is clear0 -
i have just had the same letter stating they will not be able to find agreement due to the age of debt so i have just wrote back and said well thank you then this debt is uneforcable and the next letter you should send is that you will not be contacting me again for the debtgoal for 2014....i will manage money better ..must resist shopping..............:A0
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Interestingly after 11 months and after no contact they have now passed this debt to a solicitor this debt is now nearly 20 years old0
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Which one?
I find writing back stating that you are still waiting for your CCA usually works and that you will be defending any claim on that basis.:beer:0
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