CCA request or prove it letter?

Nixxii

I've had a letter from Nolans Solicitors threatening court action behalf of Marlin Europe, but to be honest I'm struggling to identify the debt (although if it's mine, I have a suspicion who it might be). I'm not sure whether a CCA request or a prove it letter is the best way to go. 

I've had nothing from either Nolans or Marlin as far as I can remember, although our post tends to be unreliable at best and often relies on the neighbours re-delivering mail to the right house (stupid flats with no numbers on them).

My understanding is that the CCA gets the original credit agreement which is necessary for the debt to be collected, but it might be interpreted as accepting liability for the debt, since that can only be provided to the account holder.

On the other hand, the prove it letter doesn't necessarily provide the credit agreement, but can't be interpreted as accepting liability for a debt that might not be mine?

I have a feeling I'm missing something here, as I don't understand how they can prove the debt without the credit agreement?

I'm in Scotland if that makes any difference to things.

Thanks in advance 

P.S. I can't use a signature yet but if what I've written doesn't make sense, try reading it aloud. I'm dyslexic and have a tendency to write as if I'm actually talking to someone.

fatbelly

Prove-it 100%

The link to the template also explains why you don't do a cca, at least not yet

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

sourcrates

Send the prove-it letter, as you are unsure of whether the debt is yours or not.

It asks them to prove your liability, which could be evidence in the form of a credit agreement/statements/bills etc etc dependant on what type of debt it was, but does not acknowledge anything.

They must prove your liability, they would have to produce such evidence for the court as well to be successful.

You would only send a CCA request if you were certain the debt was yours and you were challenging its enforceability.

Liability, and enforceability, are two very separate things.

Nixxii

Thank you both so much! I was reading too much into it and getting totally confused.

sourcrates

Nixxii said:

Thank you both so much! I was reading too much into it and getting totally confused.

That`s no problem, let us know if you need any help with their reply.