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Sent First letter asking for CCA ..how long?
uncle_pablo
Posts: 64 Forumite
Hi I sent my first letter to Thames Credit asking for a copy of the original signed credit agreement (including £1 P.O.)
I sent it on Friday (recorded delivery). How long shall I give them before I can send the second letter?????
Also, I think this debt originated in 1996? What are the chances of them sending me the CCA????????????Anyone been successful in throwing these guys of your back?
Thanks
Pablo
I sent it on Friday (recorded delivery). How long shall I give them before I can send the second letter?????
Also, I think this debt originated in 1996? What are the chances of them sending me the CCA????????????Anyone been successful in throwing these guys of your back?
Thanks
Pablo
0
Comments
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Hi UP - If, as you say, the 'alleged debt' is from 1996, and providing that you have not made any payments towards it, or acknowledged it in writing, for at least six years, then the 'alleged debt' almost certainly falls within the scope of the Limitations Act, 1980, and will be 'statute barred'. This means that, once you have informed the creditor, or his agent, that you do not intend to pay the 'alleged debt' because it is statute barred (ONLY reason you need to give) then they can no longer pursue you for payment.
Whilst asking for the CCA is a good idea, I think I would have gone straight in with the 'statute barred' letter -
http://www.nationaldebtline.co.uk/england_wales/temp/2863_30231.pdf
This letter still puts the onus on the dca to prove the debt.
However - If Thames Credit fail to provide a true copy of the original cca within 12 days, they are, in effect, already comitting an offence, but you still have to give them a further 28 days before sending the second letter.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Hi,
Thanks for the reply. Even though the debt originated in 1996 - I think I might have tried to pay something back in about 2002. So - I think I might have inadvertantly "acknowledged" the debt back then.
If, had known then what I had known now - I would have tackled this situation differently (thanks to this site!).
Since 2002 I have moved and got back on track with my life and have no problems getting a mortage etc (even currently remortgaging this month with no problems).
What do you think my chances are with this "alleged" debt?.0
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