Cca Requests Updates Please

blind-as-a-bat_2

Bazza66 wrote: »

The one main thing I have learned on this forum is it amazing what tricks DCA's will use! I cannot believe they are allowed to get away with what they do.

Will keep and file but like you say - can you prove it came in *that* envelope? But what if I wrote to BC asking them about the letter? If they replied with they know nothing about it then thats evidence surely? Or are BC in with the DCA's anyway?

Well they are just going to have to prove it now! :rotfl:

the bit re registerd delivery whoever sent it has to be able to prove it was served, now that also shows who sent it:p

Broken_hearted

Am so bored at this rate I'll end up on Stapleys side and tell them where to stick it.

Happy merger time Halifax.

thatchamlad

Evening all

I have read this thread from start to finish and am now fully versed on the details i need to bite back at Cabot after their letter today.

What i need some clarity on is when a debt becomes statute barred. I understand it is 6 years from date of last payment etc. but i have read somewhere else that in Scotland it is 5 years?

The default was in May 2002, the agreement was signed at a car dealer in Scotland although i now live in England.

Can someone tell me if this is now statute barred as i made a payment to another debt company to cover fees for £190.00 in September 2007? Would this have been statute barred at the time and if so what route do i go down?

The debt is 8K

Thanks in Advance

GeorgeUK

thatchamlad, you are right about it being 5 years in Scotland. Just because you no longer live in Scotland does not mean the debt is now governed by English law, otherwise you'd have an influx of English people moving to Scotland for a year so their debts were statute barred after 5 years instead of 6.

When was the last time you wrote acknowledging the debt after the default. (Written, not verbal communication)
When was the next payment you made towards the debt after the default?

If there was a period of 5 years where you did not acknowledge the debt in writing or make a payment towards the debt, then the debt is statute barred. Making a payment after the debt became statute barred does not change the status of the debt - it is still statute barred. You can get letters from the national debtline or this site if required. Just make sure you send the letter for the right country.
(England - Statute of Limitations Act. Scotland - Prescription of limitations Act)

thatchamlad

GeorgeUK wrote: »

thatchamlad, you are right about it being 5 years in Scotland. Just because you no longer live in Scotland does not mean the debt is now governed by English law, otherwise you'd have an influx of English people moving to Scotland for a year so their debts were statute barred after 5 years instead of 6.

When was the last time you wrote acknowledging the debt after the default. (Written, not verbal communication)
When was the next payment you made towards the debt after the default?

If there was a period of 5 years where you did not acknowledge the debt in writing or make a payment towards the debt, then the debt is statute barred. Making a payment after the debt became statute barred does not change the status of the debt - it is still statute barred. You can get letters from the national debtline or this site if required. Just make sure you send the letter for the right country.
(England - Statute of Limitations Act. Scotland - Prescription of limitations Act)

Thanks for getting back to me so quickly. I have never written to acknowledge the debt but have verbally discussed it and made a payment to cover fees with another DCA 5 years and 6 months after the default was issued.

Am i right in saying that they can go forth and multiply and how is the best way to get Cabot to drop the matter officially?

banana1975

Can someone advise me please?

I have had a letter back today from Connaught Collections stating that they cannot provide a CCA as I asked for. They have advised that they have closed the account and now referred the debt back to 1st Credit.

What happens next? I cannot believe that I have been paying them for over a year and they did not even have a CCA! Also it only took them 3 days to decide that they did not have it.

Bazza66

banana1975 wrote: »

Can someone advise me please?

I have had a letter back today from Connaught Collections stating that they cannot provide a CCA as I asked for. They have advised that they have closed the account and now referred the debt back to 1st Credit.

What happens next? I cannot believe that I have been paying them for over a year and they did not even have a CCA! Also it only took them 3 days to decide that they did not have it.

Banana,

My understanding is that Cannaught are now in default until the can provide the CCA which means noone else can approach you for the debt. If anyone else tries to contact you for the same debt then you can send them a "bog off" letter (I'll try and find it for you).

Bazza

Bazza66

banana,

template is

http://forums.moneysavingexpert.com/showpost.html?p=17387783&postcount=1626

Bazza

stapeley

Broken_hearted wrote: »

Am so bored at this rate I'll end up on Stapleys side and tell them where to stick it.

Happy merger time Halifax.

There is only one side to be on and that is your OWN SIDE . Do you really think they could give a monkeys about you and any problems you may have ? You can either be a statue or a pigeon !

stapeley

Broken_hearted wrote: »

Halifax phoned to say they don't have to provide it but they have something they are sending out instead.

What did they send ?