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CCA requests for old debts
Suseso
Posts: 13 Forumite
Hi all
New here and looking for help please.
I have 3 old debts all of which have fallen off my credit file now and are from before 2007.
Natwest Loan - 11k remaining - AIC are acting on behalf of NW but hasnt actually been sold to them as I still get statements from Natwest. I pay £30pm
Barckaycard - £3k - with Link Financial. I was paying £6pm
Natwest CC - £700 - with cabot financial. Was paying £2pm
in March i did CCA requests to Link and Cabot and neither have been able to provide them. Link have confirmed they are unable to provide it. I didn't pay them this month and keep getting phone calls. Do I just keep ignoring or should I send a letter saying I won't be paying until they provide the CCA?
Also is it worth trying with Natwest? I dont want to poke the bear so to speak if they still have the CCA and then decide to take me to court.
Any advice would be great thanks
Apologies if this is in the wrong place
New here and looking for help please.
I have 3 old debts all of which have fallen off my credit file now and are from before 2007.
Natwest Loan - 11k remaining - AIC are acting on behalf of NW but hasnt actually been sold to them as I still get statements from Natwest. I pay £30pm
Barckaycard - £3k - with Link Financial. I was paying £6pm
Natwest CC - £700 - with cabot financial. Was paying £2pm
in March i did CCA requests to Link and Cabot and neither have been able to provide them. Link have confirmed they are unable to provide it. I didn't pay them this month and keep getting phone calls. Do I just keep ignoring or should I send a letter saying I won't be paying until they provide the CCA?
Also is it worth trying with Natwest? I dont want to poke the bear so to speak if they still have the CCA and then decide to take me to court.
Any advice would be great thanks
Apologies if this is in the wrong place
0
Comments
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Send a letter to Link and Cabot, reminding them you have not received a response to your CCA request. And tell them they can only communicate with you in future by letter.The person who has not made a mistake, has made nothing0
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Thank you, RAS. Do you know if there are any template letters that can be used?0
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seems they lose the right to enforce the debt after 12+2 days unless they produce the paperwork. Other than statute of limitations there's no other time limits for them to produce the documents, so if you have stopped paying its a matter of keeping fingers crossed for 6 years OR use their lack of compliance to negotiate a full and final settlement of the debt.
Any future CCA request I make will include " You can only communicate with me in future by letter".I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.0 -
Sending CCA requests under section 77 consumer credit act, is one of your statutory rights, for which you cannot be penalised, and making such a request has absolutely no bearing on whether a creditor chooses to take legal action or not.
You don`t need a template letter to respond to them.
You simply write back and say -
Dear Creditor,
Re acc no - xxxx xxxx
On (insert date) I made a request for information to you under section 77 consumer credit act 1974, for a copy of my original credit agreement pertaining to the above account number.
1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.
You have, so far, been unable to comply with my request, and as you are aware if the creditor under an agreement fails to comply with subsection (1) -(a) he is not entitled, while the default continues, to enforce the agreement.
Until such time that you can comply with the above, I will not be making any payment to this account, as I have other debts that are a higher priority.
Also under the GDPR any future contact must be in writing only.
yours sincerely
Suseso.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-letter1 -
Thank you so much @sourcrates. I'll get those sent off to Link and Cabot and will do a CCA request to AIC to see how it goes.
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