first credit

[wat]

1st credit has been chasing me for a debt dated 19 12 2014
they have purchased the debt on 20 11 2014 from the original creditor the letter said.
A letter was sent with the guidance of your website
asking for the original credit agreement etc
recorded delivery with a postal order for 1 pound as the statutory fee dated 26 12 2014

31 12 2014 they replied to say that they will contact the lender to request a copy of the agreement and in the mean time that they will suspend collection activity.
09 12 2016 after two years they have forwarded copy statements showing full balances.
No credit agreement but only the toatal balance.
Please help as to what should be done next.
Thank you
wat

[Kati]

Re: first credit

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: first credit

1st credit has been chasing me for a debt dated 19 12 2014
they have purchased the debt on 20 11 2014 from the original creditor the letter said.
A letter was sent with the guidance of your website
asking for the original credit agreement etc
recorded delivery with a postal order for 1 pound as the statutory fee dated 26 12 2014

31 12 2014 they replied to say that they will contact the lender to request a copy of the agreement and in the mean time that they will suspend collection activity.
09 12 2016 after two years they have forwarded copy statements showing full balances.
No credit agreement but only the toatal balance.
Please help as to what should be done next.
Thank you
wat

Hello Wat,

Statements do not comply with the requirements of the CCA request.

You can inform them that they are still in breach of the CCA request and the alleged debt is unenforceable.

nem

[wat]

Re: first credit

Dear Nemesis45.
Thank you for the reply.
Please could you help to find the appropriate letter to say that "breach of the CCA request and the alleged debt is unenforceable".
Many Thanks.
WAT

[wat]

Re: first credit

Where may I find a template letter to inform "breach of CCA request and the debt is unenforceable"

Is the time limit to reply 12 days or 45 days ?
Not sure
Please help.
Many Thanks
WAT

[Kati]

Re: first credit

tagging [MENTION=55034]nemesis45[/MENTION] xx

[Diana M]

Re: first credit

31 12 2014 they replied to say that they will contact the lender to request a copy of the agreement and in the mean time that they will suspend collection activity.
09 12 2016 after two years they have forwarded copy statements showing full balances.
No credit agreement but only the toatal balance.
Please help as to what should be done next.

Before deciding whether you should reply to their letter or not you need to evaluate the situation.

Firstly who was the original creditor, when was the account opened, and what was it (credit card, loan, overdraft, mobile phone contract etc)?

From what you say they've spent over two years searching for the credit agreement and have failed to produce it. This means they are still in default of you CCA Request and the debt is unenforceable in court until or unless they do.

I can't see any reason for you to reply to their letter unless there is a threat of legal proceedings in it (is it a Letter Before Claim?). Post up a copy having removed all your personal details so you can't be identified. In order to suggest how to reply to a letter it's necessary to know what was written to you in the first place

When did you last pay anything towards this debt and do you know the remedy date on any Default Notice you may have been sent?

Di

[nemesis45]

Re: first credit

Where may I find a template letter to inform "breach of CCA request and the debt is unenforceable"

Is the time limit to reply 12 days or 45 days ?
Not sure
Please help.
Many Thanks
WAT

Hi,

The time scale for a CCA request is 12 +2 Working Days.

It would help us to advise you if we had more details of the account.

Name of Original Creditor?
Type of account?
Amount Claimed?
Opening date?
Closure date.
Default date?

The dates in post #1 are these correct?

nem

[Diana M]

Re: first credit

09 12 2016 after two years they have forwarded copy statements showing full balances.
No credit agreement but only the toatal balance.
Please help as to what should be done next.

I've seen another thread of yours which appears to be for this same debt (is it, because the name and dates match?).

In that thread you say there was a county court claim for this debt.

If that is the case then I can only assume the claim is stayed so your response (if any) needs careful forethought and handling.

Posted 17th February 2015:

There is a CC claim on this debt.
I shall wait for further communications from them.

Di