Cca Requests Updates Please

rog2

blondie46 wrote: »

I contacted these people with regards to Monument credit card. They told me it was not their problem in so many words. They told me to contact CCCS or CAB. Its like banging your head against a wall because no one seems to want to help.

I'm sorry to hear that you don't seem to be getting anywhere, blondie. The OFT should be prepared to listen to your complaint, and you can always ask to speak to a 'manager' if you are getting the 'cold shoulder' from one of their staff.
Have you tried speaking with your local Trading Standards Office?

In a way, although I admit it might not seem like it, they have probably given you good advice by telling you to talk to CCCS or CAB - often the Debt Charities will know better how to complain, and to whom. And, whilst it shouldn't be, I remain convinced that their 'voice' carries more weight than that of an individual consumer.

rog2

Lexicon wrote: »

I have already sent the 12+2 letter and they sent that back also. Should I resend the 12+2 with the bit about section 189.

NO - now is the time to report them to the OFT/Trading Standards.

Lexicon

Thanks :T:beer:,

I really dont like this company:mad:
I know I saw a link in an earlier post I will go search now:rolleyes:.

Cheers:D

Weekend_warrior

Hi all,
This morning I received 2 letters from aktiv krapital for 2
seperate accounts.
Upon checking up my own records and my credit file online
I can find no mention of these debts.
My wife says that she is 99.9% sure the 2 debts are over
10 years old and if she is right could be as old as 14 years
What do I do now?
Do I ignore the letters?
Do I ask for a copy of the cca? or
Do I ask for a SAR'S report? (I could do without spending £20.00)
I know this company digs up some old debts but these
must have been dug up from a crypt.
Any advise would be appreciated.

W.W.

aj2703

If they are for old loans etc, they are now statue barred...sorry can't give you a link at the moment for more info but do a search for now and i'm sure someone else will come along soon with more advice. DO NOT in the meantime acknowledge the debt is yours, either in writing or over the phone.

10past6

Weekend_warrior wrote: »

What do I do now?

All you need to do at this stage is send the following letter, any problems,come back and post:

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.

Weekend_warrior

Hi 10 past 6,

Thanks for the advise !
I was wondering though, I am pretty sure the debt is mine even though the debt is ancient so is the letter you propose appropriate?

W.W.

aj2703

I'm sure the letter should mention statue barred somewhere.....

rog2

Weekend_warrior wrote: »

Hi 10 past 6,

Thanks for the advise !
I was wondering though, I am pretty sure the debt is mine even though the debt is ancient so is the letter you propose appropriate?

W.W.

If you send the 'Prove It' letter that 1810 has suggested, then their reply will/should give you the information that you require in order to be 100% confident that the det is, indeed, statute barred.

There is no 'Statutory Fee' for the prove it letter, nor for the statute barred letter and neither letter will count as 'acknowledgement', so I would start off with the 'prove it' letter.

For an overview of how 'Liability for debts' is affected by the Limitation Act, 1980, have a look at the following National Debtline link (there is, also, a template letter that you can send, once you have established that the debt is statute barred):

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

RedRobbo

hi all,

can anyone help me, I would like to know if the CCA that I have received from MBNA is enforceable, if not where do I go from here, has anyone a template letter that I can use to inform them of there current predicament.

I have posted the CCA a couple of pages ago on page 143.

all the best
Charles