Cca Requests Updates Please

Lovella

rog2 wrote: »

Who are you paying, Lovella - Egg or CQ? If you are paying CQ, perhaps you could 'miss' the next payment and see if they 'chase' you. If they don't, then they genuinely have sent the account back to EGG. If they do chase you, then you can quote their own letter back at them.
If you have been paying EGG directly, then it will probably be best to continue paying.
What do Payplan suggest?

You're so damn clever Rog2, I would have never thought of that. That's what I'll do then as I have been paying CapQuest directly for the past 3 years. Payplan have been hopeless on this front - until recently I had a fab case officer who used to email me all the time and was brilliant with advice - I have a new guy now and he rarely answers my emails and when he does is very stingy with information! I'm pretty much just doing it alone so have made them aware of what I'm doing but have had no comment from them on it.

Weekend_warrior

Hi All,

I'm trying to clear up the statute barring law in Scotland,
I have been advise by my Debt advisor that if I start paying token payments
to a debt that is over the statute barring time (5 years in Scotland) I have reset
the clock
Bazza66 says he thinks that under Scottish Law the clock isn't reset my Debt advisor says it is (he's been wrong in the past as this site has shown me) others I have asked said yes it resets others say it doesn't reset.
HELP!!!!
Any advise would be appreciated.

W.W.

blueback

How can a DCA, who admit not having the CCA, send the agreement back to the OC and tell me to go away when it was the DCA who added a default to my credit file?

I never received any notices from either as I moved address and it is the DCA prior to me sending a CCA request that were pursueing me for the debt.

Are they allowed to add a default to my file without any legal right to pursue me?

if not, what can I do?

Thanks

Tixy

Weekend_warrior wrote: »

Hi All,

I'm trying to clear up the statute barring law in Scotland,
I have been advise by my Debt advisor that if I start paying token payments
to a debt that is over the statute barring time (5 years in Scotland) I have reset
the clock
Bazza66 says he thinks that under Scottish Law the clock isn't reset my Debt advisor says it is (he's been wrong in the past as this site has shown me) others I have asked said yes it resets others say it doesn't reset.
HELP!!!!
Any advise would be appreciated.

W.W.

What organisation is your debt advisor from? You could give the national debtline a call for their opinion.

GirlRacer_2

Hi Guys, have received a reply from Studio Cards & Gifts following my sister applying for her CCA. They state in the letter that they enclose a sample credit agreement then state the current balance and when they send statements out and how much she must pay. This account was opened in October 2007 and my sister states that she did not sign any documents from Studion.

The sample credit agreement has her name, address and account number at the top but where it states 'This is a credit agreement by the consumer credit act 1974. Sign only if you want to be legally bound by its terms' does not show her signature. Can she now write back to them and state that she does not want a copy of a sample credit agreement and refuse to pay until one is produced?

Weekend_warrior

Tixy wrote: »

What organisation is your debt advisor from? You could give the national debtline a call for their opinion.

Hi Tixy,
My Debt Adviser is from the Local Council.

W.W.

blueback

Can anyone answer my earlier query in regards to DCA's adding defualts when not having the legal ownership of the debt?

Thnaks in advance

rog2

Weekend_warrior wrote: »

Hi All,

I'm trying to clear up the statute barring law in Scotland,
I have been advise by my Debt advisor that if I start paying token payments
to a debt that is over the statute barring time (5 years in Scotland) I have reset
the clock

W.W.

Simply not true, WW. Once a debt becomes Statute Barred - whether in Scotland, England, Wales or any other country that has an Act similar to either the Limitation Act, 1980 (England and Wales) or the Prescription and Limitation Act, 1973 (Scotland) - that debt remains Statute Barred and can not be pursued through the Courts.
Payments made towards, or written acknowledgement of, that debt once the 'Limitation Period' has expired, do NOT 'restart the clock' in any way, shape or form.

rog2

blueback wrote: »

How can a DCA, who admit not having the CCA, send the agreement back to the OC and tell me to go away when it was the DCA who added a default to my credit file?

I never received any notices from either as I moved address and it is the DCA prior to me sending a CCA request that were pursueing me for the debt.

Are they allowed to add a default to my file without any legal right to pursue me?

if not, what can I do?

Thanks

Simple answer, blueback, is that they do not have the right to enter a default against you, when it is they who are 'in default' by not having provided you with a true copy of the original cca within the prescribed period.

You can instruct them to remove the default - if they do not, then you should report them to the OFT>

blueback

Thanks, thats really reassuring, so any DCA sending '' their account'' back to the OC after defaulting on a cca request is fair game for the OFT?

Can the OC when on the rebound then register a default afterwards?