New DCA chasing unenforceable debt

OhSoCold

I forgot to add that where they state the last payment received they said that therefore the debt was still enforceable. 

They said they will out the account on hold for thirty days then they will in touch , no doubt to ask for payment 

fatbelly

Did they make up that last payment date? It's not unknown.

You said earlier 'It’s definitely been more than six years since they received a payment '

Tell them when your records show you made the last payment

OhSoCold

@fatbelly
sadly it looks like Pay plan made a payment to them in January 2018 , it was the last payment I made to pay plan - I had thought it was earlier in 2017 . 

I assume they’ll now take me to court 

fatbelly

That's not a 'given' though if they want to do that they have 12 months left (unless you're in Scotland)

We should have said earlier, don't send a statute barred letter unless you're 100% sure of your dates.

What I would recommend now is to just sit tight and if you get a pre-action letter, respond as this:

https://debtcamel.co.uk/letter-before-claim-ccj/

It is not straightforward to get a ccj on a combined debt if it is defended so you still have that as a possibility

OhSoCold

@fatbelly
Thankyou - I’ll sit tight for now, I hadn’t sent a statute barred letter , they responded to my initial phone call . 

When the debt was with Robinson Way they sent a letter before action and I submitted my CCA request , they eventually responded with the debt is unenforceable as they couldn’t obtain the CCA . 

It still remains unclear whether this is my overdraft or loan if a combined figure , neither figures match the amount they are now asking for and their letter claims I was at my current address , in my married name when I took out this finance and also only 17 years old ! 

They state on the letter that they can’t obtain the CCA so if they contact me again should I put in another CCA request ? 

fatbelly

You only need to do a cca request once if it hasn't been complied with

Wait for the pre-action letter from Lowell. If it comes

OhSoCold

@fatbelly Does that still apply if the CCA request was made when the debt was with a different DCA ? I haven’t as yet made this request with Lowell (debt was previously with Robinson Way) 

fatbelly

Yes, as it's the same debt.

sourcrates

Sending a CCA request is usually a "one time thing".

If it`s not complied with, the account goes dead in the water, basically unenforceable until its complied with.

There is no time limit on this, and it applies to the debt, not who owns it, so once deemed unenforceable, it remans that way until a copy agreement can be produced, or the debt goes statute barred, however long that may take, and regardless of who owns it.

OhSoCold

@sourcrates

That’s interesting as the previous dca have confirmed they couldn’t enforce the debt and the current dca have confirmed in their letter that a CCA  can’t be produced , so they are probably hoping I will just pay . 

I will sit tight until I hear from them again .