Aroow Debt passed on

[Clem60]

Hi,

I've previously posted on here about various debts that we requested CCA's for back in December 2020. One was a store card debt of £300 passed on to Arrow. They could not find the CCA for this debt. We stopped paying all the debts in December 2021 (our thinking was they'd had ample time to produce a CCA after a year).

Today I received a letter from Arrow saying they have passed the debt on to DrydensFairfax solictors.


1. Can they do this knowing there is no CCA?

2. Do I need to request a new CCA from these solicitors? I haven't yet heard from them. To be honest it's frightened the life out of me especially as this is the smallest of our debts.

[echat11]

Hi,

I've previously posted on here about various debts that we requested CCA's for back in December 2020. One was a store card debt of £300 passed on to Arrow. They could not find the CCA for this debt. We stopped paying all the debts in December 2021 (our thinking was they'd had ample time to produce a CCA after a year).

Today I received a letter from Arrow saying they have passed the debt on to DrydensFairfax solictors.


1. Can they do this knowing there is no CCA?

2. Do I need to request a new CCA from these solicitors? I haven't yet heard from them. To be honest it's frightened the life out of me especially as this is the smallest of our debts.

1. Can they do this knowing there is no CCA?

Yes, the fact that they can't find the CCA, just means the debt is 'unenforceable' until they can. The likelihood of them finding it does diminish.

2. Do I need to request a new CCA from these solicitors? I haven't yet heard from them. To be honest it's frightened the life out of me especially as this is the smallest of our debts.

Yes, exactly that or you could send a template stating that the debt is 'unenforceable'. Make sure you get Proof of Postage. Stay calm

[Clem60]

2. Do I need to request a new CCA from these solicitors? I haven't yet heard from them. To be honest it's frightened the life out of me especially as this is the smallest of our debts.

Yes, exactly that or you could send a template stating that the debt is 'unenforceable'. Make sure you get Proof of Postage. Stay calm

Thanks for the prompt reply and your help. Could something be clarified for me please?

Our debts all had their interest frozen back in 2008 and we paid nominal amounts for all of them until Dec 2021, they have obviously all disappeared from our credit reports now.

1. We were hoping to get them statute barred by not responding to any letters since we stopped making payments in December. Cabot etc seem to have stopped writing and calling for now. But, if we reply to these solicitors (I guess I have to when they eventually write?) does that mean I am acknowledging the debt now and have to start again with the six year limit?

2. Surely if credit agencies pass these debts around after they can't find a CCA and I have to respond to a new agency each time then they could in theory never get statute barred?

[echat11]

1. We were hoping to get them statute barred by not responding to any letters since we stopped making payments in December. Cabot etc seem to have stopped writing and calling for now. But, if we reply to these solicitors (I guess I have to when they eventually write?) does that mean I am acknowledging the debt now and have to start again with the six year limit?

The nominal payments has been made up to December 2021, so they won't be statute barred until December 2027.

If they can't find the documents then the debt is 'unenforceable' through the courts. They should write back saying the debt is 'unenforceable', it doesn't stop them asking for payment, but all of that can be managed without 'stressing' you out.

2. Surely if credit agencies pass these debts around after they can't find a CCA and I have to respond to a new agency each time then they could in theory never get statute barred?

I think you mean creditors / debt collection agencies, there actions has no relevance to 'statute barred', the only relevance is 'time'. Refer you to answer in point (1).

[Clem60]

1. We were hoping to get them statute barred by not responding to any letters since we stopped making payments in December. Cabot etc seem to have stopped writing and calling for now. But, if we reply to these solicitors (I guess I have to when they eventually write?) does that mean I am acknowledging the debt now and have to start again with the six year limit?

The nominal payments has been made up to December 2021, so they won't be statute barred until December 2027.

If they can't find the documents then the debt is 'unenforceable' through the courts. They should write back saying the debt is 'unenforceable', it doesn't stop them asking for payment, but all of that can be managed without 'stressing' you out.

2. Surely if credit agencies pass these debts around after they can't find a CCA and I have to respond to a new agency each time then they could in theory never get statute barred?

I think you mean creditors / debt collection agencies, there actions has no relevance to 'statute barred', the only relevance is 'time'. Refer you to answer in point (1).

Again many thanks for your help.

1. Sorry to be a pain but to be clear does statute barred just mean from the time a payment was last made and does it exclude any correspondence made such as a letter from me to a credit agency mentioning the account has not been able to provide a CCA? I thought it meant any correspondence relating to the debt?

2, Today I have received a letter from the solicitors saying if I don't pay in two weeks they will issue me with a letter of claim. Is this a prelude to taking me to court? I have just checked my correspondence from Arrow after I sent the CCA request in Dec 2020 and they sent a letter saying they received it, returning my £1 postal order and would contact me after they have spoken to their client. I have had no letter since saying they can't find the CCA and therefore it's not enforcable. Does the fact they returned the £1 mean the CCA request was invalid?

3. Do I need to send a CCA request to these solicitors or just tell them one was requested in December 2020 and has not yet provided? I'm pretty sure they won't find one as it was originally from the 1980's.

[echat11]

Again many thanks for your help.

1. Sorry to be a pain but to be clear does statute barred just mean from the time a payment was last made and does it exclude any correspondence made such as a letter from me to a credit agency mentioning the account has not been able to provide a CCA? I thought it meant any correspondence relating to the debt?

2, Today I have received a letter from the solicitors saying if I don't pay in two weeks they will issue me with a letter of claim. Is this a prelude to taking me to court? I have just checked my correspondence from Arrow after I sent the CCA request in Dec 2020 and they sent a letter saying they received it, returning my £1 postal order and would contact me after they have spoken to their client. I have had no letter since saying they can't find the CCA and therefore it's not enforcable. Does the fact they returned the £1 mean the CCA request was invalid?

3. Do I need to send a CCA request to these solicitors or just tell them one was requested in December 2020 and has not yet provided? I'm pretty sure they won't find one as it was originally from the 1980's.

1. Sorry to be a pain but to be clear does statute barred just mean from the time a payment was last made and does it exclude any correspondence made such as a letter from me to a credit agency mentioning the account has not been able to provide a CCA? I thought it meant any correspondence relating to the debt?

For a debt to be Statute Barred, you mustn't have in the last 6 years

1. written to the creditor acknowledging that you owed the debt, in the last 6 years,
2. made a payment to the debt, in the 6 years.

2, Today I have received a letter from the solicitors saying if I don't pay in two weeks they will issue me with a letter of claim. Is this a prelude to taking me to court? I have just checked my correspondence from Arrow after I sent the CCA request in Dec 2020 and they sent a letter saying they received it, returning my £1 postal order and would contact me after they have spoken to their client. I have had no letter since saying they can't find the CCA and therefore it's not enforcable. Does the fact they returned the £1 mean the CCA request was invalid?

If you receive a letter before action, that is a prelude to possible action.
No, you've made a valid CCA request, the return of the £1 isn't really material.

3. Do I need to send a CCA request to these solicitors or just tell them one was requested in December 2020 and has not yet provided? I'm pretty sure they won't find one as it was originally from the 1980's

You can amend the CCA request template, turn it into a chase template, explain that a CCA was requested in December 2020, to date your client hasn't provided an original copy of the CCA so the debt is 'unenforceable'.

[Clem60]

Thank you so much for taking the time to answer all my questions, very much appreciated.

[jaguarsuk]

1. Sorry to be a pain but to be clear does statute barred just mean from the time a payment was last made and does it exclude any correspondence made such as a letter from me to a credit agency mentioning the account has not been able to provide a CCA? I thought it meant any correspondence relating to the debt?

For a debt to be Statute Barred, you mustn't have in the last 6 years

1. written to the creditor acknowledging that you owed the debt, in the last 6 years,
2. made a payment to the debt, in the 6 years.

2, Today I have received a letter from the solicitors saying if I don't pay in two weeks they will issue me with a letter of claim. Is this a prelude to taking me to court? I have just checked my correspondence from Arrow after I sent the CCA request in Dec 2020 and they sent a letter saying they received it, returning my £1 postal order and would contact me after they have spoken to their client. I have had no letter since saying they can't find the CCA and therefore it's not enforcable. Does the fact they returned the £1 mean the CCA request was invalid?

If you receive a letter before action, that is a prelude to possible action.
No, you've made a valid CCA request, the return of the £1 isn't really material.

3. Do I need to send a CCA request to these solicitors or just tell them one was requested in December 2020 and has not yet provided? I'm pretty sure they won't find one as it was originally from the 1980's

You can amend the CCA request template, turn it into a chase template, explain that a CCA was requested in December 2020, to date your client hasn't provided an original copy of the CCA so the debt is 'unenforceable'.

Just to add to this a debt is also Stat Barred from the date of default if that is later than the last payment. Not relevant to your situation, but maybe to someone else reading who might have a similar issue.

[Clem60]

I have now received a letter of claim from these solicitors, threating to take me to court. My letter telling them I requested a CCA must have crossed in the post.

I am very worried now, the letter is nasty and I am shaking.

I am not clear whether I have to request another CCA from them?

They have successfully scared me into wanting to pay. It's crazy - our other debts are in the thousands and this one is for £300. Should I pay?

[jaguarsuk]

I have now received a letter of claim from these solicitors, threating to take me to court. My letter telling them I requested a CCA must have crossed in the post.

I am very worried now, the letter is nasty and I am shaking.

I am not clear whether I have to request another CCA from them?

They have successfully scared me into wanting to pay. It's crazy - our other debts are in the thousands and this one is for £300. Should I pay?

Nobody can tell you what the right thing to do for you is.

If you wish to settle and not have the hassle then settle.

However, if you have sent a CCA request to Arrow and it is outstanding you can write back to the Solicitors telling them as much, enclosing a copy.

If you do not have a copy, then send a new CCA request to Arrow and then send a copy to the solicitors.

While they are not able to provide the CCA the Solicitors know they shouldn't be filing a claim. That said, some still do and at that stage you'll ask for even more documents and we'll help you with it.

The important thing people forget when being threatened with a county court judgement is that you can settle and prevent it right until walking in the court room.

And if you don't then lose, if you pay within 28 days and file proof of settlement with the court it will never go on your credit file.