Cca Requests Updates Please

Enlightenment

Here is the 'CCA' I received today, just that no other piece of paper, is that a true CCA and if not which letter do I send now?

GeorgeUK

WW,

1.
April 2001... April 2007 - debt now statute barred
Jan 2008 - payments made and debt still statute barred.
Today - debt statute barred

2+3.
Are you in England? If so:
Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

So basically an action cannot be founded (there should be no court action) after 6 years from the date of last payment or written acknowledgement of the debt. (It may be date of first misssed payment that is the 'cause of action', but either way, it is stil statute barred).

If they were to start legal proceedings, your defence would be that the debt is statute barred by Statute of Limitations Act 1980 section 5 of the Act. Also inform in any defence the dates of last payments and how long a period there was when no payment or acknowledgement was made. They'll then be laughed out of court.

GeorgeUK

Enlightenment, from what you have posted, i can't see any reference to a credit limit, repayment arrangement or APR. These are required in most CCA's. If that is all that they have sent you then this is not an executed CCA and you should send the 12+2 day letter.

Weekend_warrior

Hi George,
I'm in Scotland George so is it the same legal phrase only 5 years
instead of 6 years?

W.W.

p.s.

Why the difference between 5 years in Scotland and 6 years in England?

Enlightenment

Many thanks GeorgeUK, where do I find the 12+2 letter please?

GeorgeUK

English Law v Scots Law

Statute of limitations Act 1980 for England
Prescription and Limitation Act 1973 for Scotland.

To make sure you do this properly (only because you made payments again afterwards), I would suggest you post a thread on the consumeractiongroup forum and ask how to word the letter and what details you are required to include in it. The reason i suggest this is that i have seen on that forum some of the legal bods discuss the wording of the Scots law. For England it is clear cut as above, but for Scotland:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation will be extinguished..."

It is part b) that gets argued about, but i am still of the opinion that the debt is statute barred and unenforcable. (I am in Scotland too).

I just want to make sure that you have everything covered. Rory on that forum is a bit of an expert on Scots law i believe and is also of the opinion that once statute barrerd, remains statute barred. He may be along to assist with the wording of the letter.

Edit: Don't forget that if they take action to say that the debt is not statute barred, the burden of proof is on them.

GeorgeUK

Template letters are available in this thread.
http://forums.moneysavingexpert.com/showthread.html?t=963087

There are 2 versions of the 12+2 day letter so you may want to read both and possibly adapt yourself.

kaypl

Hi, im having some probs with council tax and with help from people on here i will hopeully be getting sorted. I thought now would be the time to dive in head first and find out about unenforceable / enforceable cca's.

Just a quick question as i have trawled through here but getting confused. If i got a credit card online before April 2007 could someone tell me a bit about how or could it be unenforceable, as i thought i read something about a law changing for online agreements, and do catalogues also come under the unenforceable / enforceable cca and is this before April 2007.

Many Thanks for any help.
Head out of the sand now and hopefully go forward.

Kay

rog2

Weekend_warrior wrote: »

Today I received a statement from a sar's request that I asked a dca
for. ( this dca provided a cca on request)
On the statement it appears I defaulted in April 2001 and didn't start
payments again till Jan 2008, apart from being as you have confirmed it
is statute barred.
I noticed on the statement that after I defaulted in 2001 apart from the
usual arrears letter charges of £15 a time I have DRA letter charges and
DRA admin fee's, but worse of all I have 2 Agency admin fee's added one
for £258.81 and another for £376.54.

1. can I challenge the amount owed?
2. can I claim the charges back?
3. should I tell the dca to !!!!!! off as the debt has been statute barred.
4. can the dca do anything if I stop payments now?

W.W.

Hi WW - looks as if the £10 SAR Statutory Fee was £10 well spent. :T :T

The 'debt' is, from what you have said, Statute Barred, there having elapsed a limitation period of more than five years since your last payment or written acknowledgment of that debt. Once that 'Limitation Period' has elapsed the debt becomes, and remains, Statute Barred for ever.
The payments that you have been making do not alter the status of that debt - it remains statute barred, and the creditor/dca can take no action whatsoever to attempt to enforce it through the Courts.
You are legally entitled to stop making payments.
It could be possible to reclaim those payments that you have been making, although you would probably need to initiate Court Action based on the fact that the dca misled you over the status of the debt. In all honesty it probably is not worth the hassle and it may be in your best interests to 'cut your losses' whilst you are ahead.
You can, most certainly, request a breakdown of those 'charges' and will probably be able to reclaim most, if not all, of them.

Bazza66

I sent a CCA request to 1st Cretins and heard nothing. Sent them the 12+2 days letter and have recieved the following from them today.

Dear Sir / Madam,

Thank you for your recent correspondence.

Your letter has been passed to the appropriate department and they shall respond in due course.

Yours faithfully,

ADMINISTRATION DEPARTMENT


Anyone else had this from 1st Cretins? My guess is to give them more time to "forge" a document. They are in default anyway so I'll await their letter with eagerness.