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1st credit statute ? Old debt 2009 default

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  • 1st credit statute ? Old debt 2009 default

    Hi all

    Would I be correct in thinking this case below from 1st Credit chasing me from a debt defaulted in 2009 and no acknowledgment or payment .
    Today a letter has landed from them asking for the amount £1313 shown on the default date.

    I'm not sure what this debt is in all honesty - however looking through this will this be statutes in 2015 on the exact date of the default ?
    Should I Ask for the CCA on this case as this is the first letter rom them in a long time ?
    Things are more suspect as they are offering me discounts of 30 % payment in 7 days , 20% payment in 8 - 30 days , 10% payment in 60 days very relaxed I thought but why lose money if they are chasing it ?

    thanks
    L
    Tags: None

  • #2
    Re: 1st credit statute ? Old debt 2009 default

    Maybe you want to ask them what they paid for the debt. Then you might question their 'generous' discount scheme
    Yes send them a letter under 1974 Credit Card Act Section 78(1). Add a £1.00 postal order. Recorded of course. They can't oblige after 12 days they can't go and get judgment until they do. If you have made no payments nor acknowledged since 2009 then almost certainly statute barred and a complete defense BUT they can still take you to court get a judgement if you didn't defend

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    • #3
      Re: 1st credit statute ? Old debt 2009 default

      This would be a credit card? If so which one?

      Comment


      • #4
        Re: 1st credit statute ? Old debt 2009 default

        What was paid for the debt is totally irrelevant!!
        Yes the CCA request is the way to go.
        The Statutory Time Scale is 12 + 2 Working Days ( Bank Hols and Weekend are not counted).
        The debt cannot be enforced if the debt is already SB ANY judgement will fail on application to set aside.

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        • #5
          Re: 1st credit statute ? Old debt 2009 default

          it will be 6 years in August there is no judgment on file just a debt showing as df payments - would they try and still hound me if i ask for the cca ?
          thank you all

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          • #6
            Re: 1st credit statute ? Old debt 2009 default

            Asking for CCA isn't admitting debt. So do NOT acknowledge it as debt . Just apply for CCA for account..

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            • #7
              Re: 1st credit statute ? Old debt 2009 default

              It is your right under sects, 77/8/9 of the CCA 1974 ( as amended) to request a copy of the agreement and a current statement of the account, this is Not an admission of liability and has no effect on the provisions of the Limitations Act 1980.

              nem

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