DCA letter, please help

lea76

Hi

I have received a letter from a DCA for a really old debt, loan was took out in 1998 but not sure when I last made a payment possibly 5-7years ago. The debt is on my credit file as settled (but underneath it states "for a lower amount") in 2003.

I received this letter about 10 days ago and now a debt collector has called at the house. I told him i knew nothing about it and i would be sending a letter to the DCA(scotcall).

Can anybody tell me what letter to write either? statute barred or CCA request? and also does anybody have any sample letters , many thanks:o

fermi

Statute Barred letter is at the end of this link:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

CCA leter is at the end on this one.

Link: Getting a copy of your credit agreement and account details

You are going to have to think hard when you last made a payment.

It says settled in 2003, but that could have been due to the debt being sold. What date is listed for the actual default?

lea76

Thanks for your reply, it doesnt have a defaulted date on my credit report just partial settlement. it does say arrangement pay in sept 01 - Jan 02.

I really have no recollection of making any payments after that but i could be wrong. I received another letter in 2005 from Robinson Way chasing the debt and i phoned and offered to pay £20 per month but they said they would send out a direct debit form but i never received one and they never wrote again

poorandindenial

Hi Lea

I saw your debt is with Scotcall - are you in Scotland?? If so you need this link for the letters and the timeframe is 5 years for a statute barred debt rather than 6 for England and Wales.

Link

lea76

poorandindenial wrote: »

Hi Lea

I saw your debt is with Scotcall - are you in Scotland?? If so you need this link for the letters and the timeframe is 5 years for a statute barred debt rather than 6 for England and Wales.

Link

Hi

No I live in England x

poorandindenial

lea76 wrote: »

Hi

No I live in England x

In that case I shall get back in my box :rotfl:

lea76

poorandindenial wrote: »

In that case I shall get back in my box :rotfl:

Its ok I am not allowed out my box very often!!!:D

fermi

Sounds like the account was never defaulted then, or at least if it was then it wasn't entered on your credit reference files. That is odd, but not unheard of.

If you can't decide which letter to send, then it might be a good idea to give National Debtline a call tomorrow free on 0808 808 4000 so that you can talk it through with one of their trained advisors.

lea76

fermi wrote: »

Sounds like the account was never defaulted then, or at least if it was then it wasn't entered on your credit reference files. That is odd, but not unheard of.

If you can't decide which letter to send, then it might be a good idea to give National Debtline a call tomorrow free on 0808 808 4000 so that you can talk it through with one of their trained advisors.

Thanks for your advice I decided to send the CCA request letter and I will see if I get a response!

fermi

lea76 wrote: »

Thanks for your advice I decided to send the CCA request letter and I will see if I get a response!

Come back and tell us if you do. Some DCAs try to twist even the Consumer Credit Act to try and deceive you about your rights.

And even if they send you what seems to be a valid agreement, a lot of that age are legally unenforceable. If you get anything then please check back.

Don't forget the £1 postal order, and print you name rather than sign. Some of the more unscrupulous DCAs have been know to use your signature to "mock up" a plausible agreement.

lea76

I had a read through some old posts last night and spotted the advice about sending a postal order so I did that today...I was going to send a cheque and I just did a squiggle on the letter! ooohhh how naughty:rotfl:

Can I just ask for a bit more advice from you seeing as you're so well educated?

I had a secured loan on my property but i remortgaged and settled the debt in 2004, i had borrowed £6900 but had to pay back £11k due to the PPI, so I thought i would have a try at claiming this back. I sent a letter requesting a copy of the credit agreement and when they sent it, it is not signed by me my hubby or them. Is this right? they are also saying i cant reclaim the PPI because I could have cancelled at anytime!!:eek: