CCA's, PRA and general advice

January2015

TheDebtinator wrote: »

I thought it was from date of last acknowledgment.

Either way, I'd much rather not have this for another 6 years, would much prefer to be debt free and able to start rebuilding my record...

Sorry, I meant payment or acknowledgement in writing. Quote below from national debtline website

A simple contract debt will normally be statute-barred if:

• the creditor has not already obtained a county court judgment (CCJ) against you; and
• you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and
• you have not written to the creditor admitting you owe the debt during the last six years.

January2015

If account defaulted already, the clock on the six years on the credit file has already started - when did the account default?

TheDebtinator

One defaulted in September 2010.

The other defaulted afterwards, but for some reason no longer appears on my Noddle credit file. Both debts have been acknowledged by me (CCA requests) in the last 6 months.

TheDebtinator

It looks like when I requested a CCA, they actually just took the £1 off my balance owing? That isnt right?

January2015

TheDebtinator wrote: »

One defaulted in September 2010.

The other defaulted afterwards, but for some reason no longer appears on my Noddle credit file. Both debts have been acknowledged by me (CCA requests) in the last 6 months.

A CCA request is not acknowledgement of a debt.

January2015

TheDebtinator wrote: »

It looks like when I requested a CCA, they actually just took the £1 off my balance owing? That isnt right?

That's sneaky. You would need someone with far more knowledge that me - but I think that payment to the account could be challenged. Don't do that though - best wait until someone like Fermi or Sourcrates comes along with advice.

fermi

TheDebtinator wrote: »

It looks like when I requested a CCA, they actually just took the £1 off my balance owing? That isnt right?

No, it's not right.

Make sure you keep proof of what and why the £1 was sent, as it is a statutory fee for the CCA.

If they misuse it for other purposes, it doesn't count as a payment under limitation, but as said best to keep the evidence in case they try it on sometime down the line.

TheDebtinator

January2015 wrote: »

A CCA request is not acknowledgement of a debt.

Ah ok, well either way I last made a payment to both of these debts in June / July 2014.

TheDebtinator

fermi wrote: »

No, it's not right.

Make sure you keep proof of what and why the £1 was sent, as it is a statutory fee for the CCA.

If they misuse it for other purposes, it doesn't count as a payment under limitation, but as said best to keep the evidence in case they try it on sometime down the line.

Does that affect me in making an offer to them? I really really just want to be rid of these debts, and if possible I want to use the lack of CCA provided to me as a bargaining chip? It really has been too long now that these have been around my neck..

sourcrates

TheDebtinator wrote: »

Does that affect me in making an offer to them? I really really just want to be rid of these debts, and if possible I want to use the lack of CCA provided to me as a bargaining chip? It really has been too long now that these have been around my neck..

Well if you feel compelled to settle these accounts, then do so.

But you may be throwing away money you don't have too.

No CCA, as you know, means they can't resort to legal action to recover the debt.
Whatever you do, it won't effect the date the default drops off your credit file, and non compliance with a CCA request is a defence against possible legal action, so however you look at it, you hold all the Aces here.

As things stand, you can just forget about them, and move on, knowing you are virtually bulletproof.

But if you want to waste your money, that's your prerogative, I'm just pointing out the facts of your current position, what you do with that info, is up to you.