• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

1st credit statute ? Old debt 2009 default

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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

    Comment


    • #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.

        Comment


        • #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

          Comment


          • #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..

            Comment


            • #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

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              1 of 2 < >

              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
              2 of 2 < >

              Support LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X