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Old Debts

I have a friend who has been paying a debt management company for some years & is now talking to step change.


The debts are pre 2007.


Should she send a prove it letter first?
Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!

Comments

  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Little point asking them to prove it if she's been paying them, surely by paying the debt she has acknowledged that she owes it.
    :p
  • the words 'stable door' and 'bolted' spring to mind
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    Sorry, maybe I got a little confused there. Can they enforce the debts without the correct paperwork pre 2007?
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • sourcrates
    sourcrates Posts: 30,636 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    tallyhoh wrote: »
    Sorry, maybe I got a little confused there. Can they enforce the debts without the correct paperwork pre 2007?



    CCA all accounts would be the way to go, (that's a request for a copy of the original agreement), without the correct paperwork, on pre-2007 debts, it would be beneficial to your friend !!
    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-letter
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    sourcrates wrote: »
    CCA all accounts would be the way to go, (that's a request for a copy of the original agreement), without the correct paperwork, on pre-2007 debts, it would be beneficial to your friend !!



    Thank you so much, is there a standard letter to send or anything specific she should put in it?
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • sourcrates
    sourcrates Posts: 30,636 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    tallyhoh wrote: »
    Thank you so much, is there a standard letter to send or anything specific she should put in it?




    (Your home address)
    Date:
    To:

    Dear Sir/Madam

    Account/Ref No:

    With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

    I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

    I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

    I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

    I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

    I/we look forward to hearing from you.

    Yours faithfully



    Your name.

    There you go :)
    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-letter
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    Thank you again, much appreciated.
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
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