Can a CCA request acknowledge the debt and reset the limitations period?

[gravytrain]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

Part of the CCA request to a DCA involves the DCA actually demonstrating that they have the lawful rights to make demands and collect on the debt in question.

Not according to Cary, information only, the creditor does not even have to have an agreement to comply.

OK the section is specifically designed for the debtor to obtain information about his agreement. How is he going to argue that he has not acknowledged the debt by sending one of these ? The only way I can think of is by saying he was pretending to be the debtor in order to gain information a bout someone else s agreement. Not recommended

[gravytrain]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

Point is that some are so used to sending CCA requests in order to question the validity of agreements it is sometimes forgotten what they are for.

It does not mater if it is the creditor or a dca, A CCA may well reset the SB clock it is a written acknowledgment that you are the debtor of the agreement and that you are aware of it.

Send a prove it , if you have to.

[Curlyben]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

OK GT have it your way.
My heads a mess due to more serious matters and I don't have the energy to argue with you further.
I'll just let my own experiences speak for me..

[ODC]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

OK GT have it your way.
My heads a mess due to more serious matters and I don't have the energy to argue with you further.
I'll just let my own experiences speak for me..

I think I know whose advice I prefer to follow.

[jon1965]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

I am guessing that this is only something a court could decide but it would certainly be abusing the spirit of the law if not the letter.

However as a CCA request is for information purposes it seems hard to believe that sending the request is anything more than" Do I have a debt with you and if I do then please provide me with the evidence"
Wasn't it HHJ Waksman (have you seen what my samsung predictive txt changes that to?) that said a CCA request was for information purposes only so that the debtor could see what he or she had or hadn't signed up to. Therefore it would be wholly wrong to take the request as an admission of liability.

I really can not see it holding any water .

[gravytrain]

Re: Can a CCA request acknowledge the debt and reset the limitations period?

Yes your right of course, it is for a judge to decide, but it is an argument they could use and why give it to them if you do not have to.
There is no getting around the fact that the request under the CCA, is a request sent by the debtor, as said in my first post on here, this at least implies that there is a debt.

There are arguments you could use to counter this, you could say that this is an acknowledgment of the agreement, not of the debt, I think the SOL states that the debt must be acknowledged.

The court may or may not agree, they may say that it is not possible to acknowledge one without the other.

You could say that this is a requirement of statute not of the contract, Hmm.

I think what has to be remembered is the purpose of each separate piece of legislation, the CCA was not designed to effect the SOL one way or the other, can a request made under statute be taken as a confirmation of a contractual debt. Interesting , and not as clear cut as many would have you believe, as i said at the beginning , personally I would not risk it.