Prove it letter

[Stevem1000]

Hi i have recieved a responce to a prove it letter full statement of account is this enough to prove a debt or are they required to send further proof

[Amethyst]

Did you send a formal CCA request ?

( not sure what you have sent as a ''prove it letter'' to have an idea if they have responded properly it would be a good idea to know what you sent to them )

[Stevem1000]

Hi

Yes i sent a formal cca request on 2nd jan and recieved reply on 13th april with a full statement of account

[Amethyst]

Any copy of the agreement ?

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;

(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

s.78 is similar ( s.77 is a loan, s.78 is a credit card - but BOTH include a copy of the executed agreement )

[Stevem1000]

Hi
no copy of agreement just 3 years of bank statements

[Amethyst]

Was it a current account overdraft that is being claimed ? ( Does their covering letter say the CCA doesn't apply to overdrafts ? )

[Stevem1000]

Hi
this is and overdraft from santander bank from july 2013
Defaulted in january 2014
Final payment july 2013
They didnt mention anything about overdrafts not being covered just that the statement was proof of debt

[Stevem1000]

Hi

Do you require any aditional information

[Amethyst]

As it was an overdraft then it may well not be covered under the CCA part that include s.77/78 so they may not need to provide an agreement as such. We know nothing about the debt so tough to say
-Does the statement assist you recognising the debt ?
-Was the debt JUST an overdraft? or do you think it has a credit card/loan amalgamated into it?
-What is the current situation with the debt ?

[Stevem1000]

Overdraft only. Now in default purchased by cabott finance

[Stevem1000]

Hi
can you confirm when an account will become statute barred last active payments on account made on 21st june 2013 account defaulted in jan 2014 no contact or payments since then
also can i request a copy of cca from the dmc as this was an agreed overdraft after 2012