Urgent help please!!

[Amethyst]

Re: Urgent help please!!

Sorry, my fault. Stat Barred -- Statute Barred --- Haven't paid or acknowledged the debt in over 6 years -- means they can't ask for repayment through court because of section 5 in the Limitations Act.

5 Time limit for actions founded on simple contract.

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 you stopped paying April 2008 - so could have defaulted 3 months - so July 2014.... could be tight, but possible extra thing to add to the defence / discussions later on.

[mlt16]

Re: Urgent help please!!

well actually , its still paid until Oct I think.. I will check the noddle again later.. its really worrying.. I panicked soon as I opened the letter. will I get in trouble soon? :tinysmile_cry_t:

[Amethyst]

Re: Urgent help please!!

Really don't be worrying over it, they haven't sent a court claim yet and it is only guess work that it's the Aqua card.

If the Worst come to the worst we make an offer to pay at an affordable monthly amount (depends on your income/expenditure sheet but affordable is the key bit) but longgggg way to go before that point.

GO play with the kids xxxxx

[mlt16]

Re: Urgent help please!!

Thank You so much !! I really appreciate all your help! I will send the letter ASAP and will update you! thanks x

[Amethyst]

Re: Urgent help please!!

Hiya, Just bring me up to speed with what's happened since the letter on 9th July ?

[mlt16]

Re: Urgent help please!!

Hi Amethyst, I received 2 letters on Saturday.. one from Cabot and the other one if from Restons.
Cabot said that they don't have the information with them so they asked the "original lender" and will take 40 days..
Restons said that all they know was the account was opened around April 2008 and payment stopped October 2010! and they attached some forms that need to be send on the 25th this month or else they will start legal action?!
I know based on what I read online they can't start any legal proceeding since I requested the CA?! ... what should I do next?! thanks Amethyst!

[Amethyst]

Re: Urgent help please!!

What are the forms? income and expenditure?

Really weird with Cabot not having any info, and having to wait 40 days, it is almost like they are having to send a SAR to the original creditor. lol.

Anyway, you sent a formal CCA request, they have replied saying can't get it for 40 days, but you must reply within 7 days or we'll take you to court ? grrrrrrrrrrrrrr.

I would suggest responding to their letter, without filling in their forms !, and tell them you will await their compliance with your formal CCA request before considering their request any further and they have suggested a timescale of 40 days, which you are happy to go along with so you expect all action on the account to be held until at least the date they send you the agreement as they are obliged to under s 78(1) of the Consumer Credit Act.


(not trying to worry you here, but they can bring the court action without having the CCA, just means they can't enforce it (ie. get judgment), but you have to then defend it and tell the court they are in default of the request)

[mlt16]

Re: Urgent help please!!

Should I write to Restons?? and PLEASE can you help me with the letter again?! I am just soo not good in any letter I mean it! lol thank you so much!!! xxx

[mlt16]

Re: Urgent help please!!

And yes its the income and expenditure from Restons.. and they said I need to send the form back 25th this month..

[Amethyst]

Re: Urgent help please!!

Okay, I possibly would write something like..........


Dear Restons

Thank you for your letter dated XX XXXXXXXXX. On XX XXXXXXXXXXX I received a letter from your client in response to a formal request for a copy of the relevant credit agreement on this account under s.78 of the consumer Credit Act 1974.

Your clients have indicated they are not in possession of the agreement and have placed the account on hold whilst they try and obtain it from the original creditor from whom they purchased the alleged debt.

They have given an estimate of 40 days to provide me with this information and therefore I request that you discuss with your client placing any further collection activity on hold until such time as they are able to provide me with the documents so I may assess any liability I may have to them with regards this claim.

I am sure you will be aware that your client is unable to enforce any agreement until such time as they have complied with my request.

Obviously until this issue is resolved I am unable to take any further action on the account and therefore return your forms to you uncompleted.

Kind regards

MLT


see if anyone else has any more to add though xxx

[mlt16]

Re: Urgent help please!!

Thank You sooooo much!!! I will send it straight away!!! thank you!! X

[mlt16]

Re: Urgent help please!!

Hi there! I haven't received any letter from Restons and Cabot since the last letter I sent them. Reston's tried to contact me through phone and left a voicemail telling me to contact them. Should I call them or just ignore since I wrote them letters anyway?! . Thanks ...

[Amethyst]

Re: Urgent help please!!

I don't think it can hurt seeing what they wanted, just don't get drawn into a conversation about the debt, just repeat your request to put the account on hold until such time as Cabot produce the document.