Hi all, I hope you can help.
I received letters from Equidebt / EQL demanding payment for a credit card debt.
They stated that the account was opened 16th Sept 2001. Last payment 4 Mar 2005. Default date 15 May 2005.
This was a Tesco credit card and I remember that Tesco didn't chase it for very long.
Obviously the first thing I did was send Equidebt a 'prove it' letter with the required £1 fee and quoted the Consumer Credit Act by using one of Curly Bens templates.
I sent it on the 11th June. They have since written back on the 12th June and stated:-
We confirm receipt of your request for a copy of the original agreement relating to this account and the statutory payment of £1.00.
We have referred your request for a copy of the original consumer credit agreement to our client and we will contact you again when we have received their response.
The timescales described in the Consumer Credit Act 1974 only apply to an issuing creditor.
Therefore, a third party, such as Equidebt, is not required to respond to a request for a copy of the original credit agreement within the timeframes set out by the act.
This may take some time, however, we have placed your account on hold and no further collection activity will take place whilst we await a response from them.
Are they right or are they bluffing to see if I actually know the act and are stalling for time? Surely if they attempt to collect on a debt, they should have all the paperwork before they begin and not start a back and forth game?
Should I accept their excuse, tell them they are wrong or simply wait?
If they do come up with the required documents, is it down to me to prove that it's statute barred (my obvious next move) or theirs to prove it isn't?
Thanks in advance
Richy.
I received letters from Equidebt / EQL demanding payment for a credit card debt.
They stated that the account was opened 16th Sept 2001. Last payment 4 Mar 2005. Default date 15 May 2005.
This was a Tesco credit card and I remember that Tesco didn't chase it for very long.
Obviously the first thing I did was send Equidebt a 'prove it' letter with the required £1 fee and quoted the Consumer Credit Act by using one of Curly Bens templates.
I sent it on the 11th June. They have since written back on the 12th June and stated:-
We confirm receipt of your request for a copy of the original agreement relating to this account and the statutory payment of £1.00.
We have referred your request for a copy of the original consumer credit agreement to our client and we will contact you again when we have received their response.
The timescales described in the Consumer Credit Act 1974 only apply to an issuing creditor.
Therefore, a third party, such as Equidebt, is not required to respond to a request for a copy of the original credit agreement within the timeframes set out by the act.
This may take some time, however, we have placed your account on hold and no further collection activity will take place whilst we await a response from them.
Are they right or are they bluffing to see if I actually know the act and are stalling for time? Surely if they attempt to collect on a debt, they should have all the paperwork before they begin and not start a back and forth game?
Should I accept their excuse, tell them they are wrong or simply wait?
If they do come up with the required documents, is it down to me to prove that it's statute barred (my obvious next move) or theirs to prove it isn't?
Thanks in advance
Richy.
Comment