A Win - but not quite, just yet

TheOtters

Hi all
I had a debt with a credit card company for 2008, that was defaulted on, at the time I didn't recognise the debt but being young and naive and having lost my job I didn't have the strength or knowledge to fit it.
I haven't made payments for years on the debt, but it isn't yet statute barred, so I asked the debt recovery company to send a copy of the CCA. 
About 2 months ago they wrote back saying that they do not have the CCA.
My understanding from the letter is that the debt is outstanding but they cannot take me to court for the debt - in effect its dead as there is no CCA (as I originally suspected).

Unfortunately the debt collection company is redoubling its efforts to chase me with letters, sms and calls on a daily basis.
Its getting rather tiring.
Can I send them a cease and desist letter? Or is there any other options?

Any advice would be gratefully received.

Kind regards

fatbelly

They can continue to ask you for payment. Non-compliance with a cca request is best viewed as temporary unenforceability as they could comply at any time by reconstructing an agreement.

Just file their letters for now.

When it becomes statute barred you can quote FCA guidance and require them to stop collection activity

TheOtters

Would it be best to send a "Prove it" letter then?
By making it difficult for them, they may find other fish to fry and then I might get it over the statute barred threshold.

BTW Fatbelly, I note you are ubiquitous on this forum and I am grateful for the time you take to answer the questions on here, the background reading is both helpful and inspiring. Many thanks.

Rob5342

Which letter did you use to request the CCA? You might have acknowledged it and reset the statute barred clock.

cliffordeone

You seem to be everywhere on this site, and I appreciate you taking the time to respond to the queries; the background reading is both beneficial and motivating. Thank you.