Can they wriggle out of the twelve day limit?

[richyfriend]

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.

[miliitant]

Re: Can they wriggle out of the twelve day limit?

this has to be statute barred if no payment has been made since march 2005

please confirm no payment or acknowledge by letter for a period of six years

and to answer your question, they are talking crap

any body who demands payment is classed as the creditor to comply with an agreement request with a £1.00 fee

godebt v critcley

they have to prove its not statute barred

not for you to prove it is statute barred

[richyfriend]

Re: Can they wriggle out of the twelve day limit?

Thanks for that. Stalling for time no doubt, while they try and cobble something together.
I'll give them the required amount of time and then remind them of the offence they are about to commit.

[labman]

Re: Can they wriggle out of the twelve day limit?

There are mixed feelings on SB debts here.

One train of thought says ignore everything sent because it's SB. The other train of thought says send them a letter telling them it's SB. The OFT guidelines state they should then stop pursuing you for the debt.

The 12 + 2 days can never be cast in stone. While failure to respond means they cannot enforce (in a court of law), it does not mean they cannot ask for the money, you just don't have to pay it until they respond. You've actually been lucky in that they have passed it on to the OC, many just return it to you. That said, the Prove It was really the wrong course to take. You should really either ignore or write saying it is SB.

[richyfriend]

Re: Can they wriggle out of the twelve day limit?

Well, they're well over the twelve day limit. Should I simply keep waiting or remind them that they've committed an offence? Perhaps I should pass on the information to the OFT or Financial Ombudsman?

[miliitant]

Re: Can they wriggle out of the twelve day limit?

just ignore

if they demand payment remind them they are in default of your request

if the still demand payment, report them to the regulatory authorities

[Guest]

Re: Can they wriggle out of the twelve day limit?

They have not committed an offense, that part of the act was repealed in 2006.

I would just wait if they contact you again tell them it is SB, if they say it isn't ask them to prove it.

D