Cca Requests Updates Please

stapeley

Weekend_warrior wrote: »

One more piece of advise please,

I have received a copy of my cca from a dca and I have realised I
defaulted on this debt in June 2001.
I unfortunately started making token payment to this debt again
in Jan 2008.
I have been told the debt is "statute barred" after 5 or 6 years.
Does this apply to this debt as I have been making token payments
for over a year.
If I can now claim it was statute barred as a period of 6 1/2 years
had elapsed before I started token payments, what is my next
step? can the dca take it to court?

W.W.

Sorry but you restarted the clock ! Your next step is to request a CCA and a notice of assignment . Trawl the thread template letters all over the place .

Miss_Marple_2

stapeley wrote: »

Sorry but you restarted the clock ! Your next step is to request a CCA and a notice of assignment . Trawl the thread template letters all over the place .

I thought that if you had a gap of at least 6 years, it was still statute barred, even if you recommenced payments ?

(I'm always getting things wrong, though)

blueforyou

Here is a new tactic, anyone had this one?. A DCA has returned my letter asking for CCA, adding that my request "does not comply with current legislation".

They also ask how I now intend to pay...

The DCA is transcom, and thier"client" is Arrow Global" who I believe are MBNA

For the record, they are WRONG about legislation and this is not a scare tactic that works on me.

Two options
1. Ignore completely
2. Tell them they are wrong, and ask again to "prove it".

Any thoughts?

Broken_hearted

Halifax have sent another we are looking into your complaint letter.:rolleyes:

annon2204

Hi hope someone can help with this. I have had some success - requested CCA from Verbaudet, Next and LIttlewoods back in August (I think) - anyway none produced. After further letters Verbaudet wrote saying they would not pursue the debt but would keep it on my credit file for 6 years - boo hoo ! However, on checking my credit file Verbaudet has completely disaappeared - no record for past 3 months. Which is great news. My question is regards Next and Littlewoods - they have now both sent letters saying they will not be pursuing the debt. What is my next step - can I get these to comply and remove their information from my credit file?
Surely if they have no valid CCA then they are not legally allowed to keep a record of the debt on my file.
Do I do this through the courts and if so how ?
Now I have had this success am keen to see it through - an live out my days debt free !!

suewiththeblues

stapeley wrote: »

I would hold fire on the settlement offers , do the CCA REQUESTS FIRST . If I held your account and did not have a enforceable CCA , I would bite your handoff if offered a lump sum!

i have already been sending letters back and forth about settlements, if nothng happens after my most recently sent letter i might as well CCAthem eh?

rog2

Miss_Marple wrote: »

I thought that if you had a gap of at least 6 years, it was still statute barred, even if you recommenced payments ?

(I'm always getting things wrong, though)

You are absolutely correct, Miss_M.

Once a 'debt' becomes Statute Barred, by virtue of either no payment by the debtor or no written acknowledgement, again by the debtor, of the debt during the prescribed 'Limitation Period' of six years (England & Wales) or five years (Scotland) then that debt will remain Statute Barred.
If a debt is 'Statute Barred' it does not mean that the debt 'disappears' - only that it is no longer 'enforceable through the Courts'.
Some debtors may choose to pay, or make a full and final settlement offer, to clear the debt, but this is entirely the decision of the debtor - they have no obligation, legal or otherwise, to make any payment towards the debt - no matter what a Debt Collection Agency may tell them.
Equally, if a debtor makes some payments towards a debt that is already Statute Barred, but then decides to stop making further payments, there is absolutely nothing that a creditor/dca can legally do to force that debtor into making any further payments.

rog2

Broken_hearted wrote: »

Halifax have sent another we are looking into your complaint letter.:rolleyes:

You have absolutely no need to worry - no cca = no legally enforceable debt.

jessiebessie

Hi,I have been reading through these threads about clearing your debts on credit cards/loans/catalogues ect...... can someone please tell me.......
How do you know if the companies have broken the law? i:e, upped the credit limit without asking? so does that then mean it would be a change in the credit agreement even though nothing is signed for? Therefore they would be breaking the law!!!!
Are many people successful in actually doing this?

Thanks for your advice in advance x x x

natters_2

We got a great letter from capquest after requesting a CCA - they actually asked us to send them any statements and correspondence we had to help with their enquiry!