cca letter

[wat]

Re: cca letter

Happy to help.

nem

Re First credit- They wrote:-
Firstly you should be aware that the period for recovering your debt by court action has expired. So we will not be issuing court proceedings to enforce payments. however your debt still exists and legally we are within our rights to continue to ask for repayment.
First credit has stated What does a TRUE COPY mean.
They have enclosed a photocopy of the credit agreement stating that it is permissible in law to do this by re populating a template with the details of the agreement taken from the creditors records.
They have pointed out how much the amount outstanding.
this fulfills our obligation under section 78 of the consumer credit act 1974 and hope this satisfies your request for informatin.
finally 1st credit requests to contact them within 14 days to discuss the account.Should no contact be forthcoming the account may be subject tofurther letters, telephone calls,SMS and E mails.
They have enclosed copyof credit card conditions along with the photocopy of the credit card agreement signed in 2004.

I would very much appreciate if any one can help any further on this matter.

Thank You
WAT
11/12/ 2017.

- - - Updated - - -

Happy to help.

nem

Re First credit- They wrote:-
Firstly you should be aware that the period for recovering your debt by court action has expired. So we will not be issuing court proceedings to enforce payments. however your debt still exists and legally we are within our rights to continue to ask for repayment.
First credit has stated What does a TRUE COPY mean.
They have enclosed a photocopy of the credit agreement stating that it is permissible in law to do this by re populating a template with the details of the agreement taken from the creditors records.
They have pointed out how much the amount outstanding.
this fulfills our obligation under section 78 of the consumer credit act 1974 and hope this satisfies your request for informatin.
finally 1st credit requests to contact them within 14 days to discuss the account.Should no contact be forthcoming the account may be subject tofurther letters, telephone calls,SMS and E mails.
They have enclosed copyof credit card conditions along with the photocopy of the credit card agreement signed in 2004.

I would very much appreciate if any one can help any further on this matter.

Thank You
WAT
11/12/ 2017.

[warwick65]

Re: cca letter

Hi
Did they at some point issue a claim?

if they did, did they discontinue?

If not it sounds like its statute barred so I would just keep that letter very safely and ignore anything they send.

If no claim was issued and you are sure it is statute barred i.e 6 clear years of no payments or acknowledgment you could write to them remaining them of FCA rules that they shouldn't contact you . personally i would be inclined to block their calls and file their letters unless they become a nuisance

[wat]

Re: cca letter

Hi
Did they at some point issue a claim?

if they did, did they discontinue?

If not it sounds like its statute barred so I would just keep that letter very safely and ignore anything they send.

If no claim was issued and you are sure it is statute barred i.e 6 clear years of no payments or acknowledgment you could write to them remaining them of FCA rules that they shouldn't contact you . personally i would be inclined to block their calls and file their letters unless they become a nuisance

Dera Sirs,
Thank You for you prompt reply.
They did claim in 2014 December. Then I used the letter from this site asking for the signed agreement along witha £1 postal order.
Only after 12+2 days elapsed they only sent me some copy statements
I did not hear anything other than an annual statement until now.
Asking for payment etc
Then I wrote back with the letter from this site stating that the debt is no longer en forcible due to no reply with the credit card agreement.
In response only they wrote to say that tey will not take court proceedings but the debt is due in full

Thank you for explaining the STATUTE BARRED
If they wrote to me to ask for money this means I will not qualify for Statute Barred path. Please correct me if I am wrong.
I will take your advice in safe guarding the said letter in question.
Shall ignore further telephone calls etc
Any further advice would be much appreciated.

Once again Thank You for your Advice.
Best Regards
WAT 11/12/2017 2045 hrs

[warwick65]

Re: cca letter

Well I am no expert but it seems that as they issued a claim the statute barred limits do not apply. I think they are saying they can not win in court
[MENTION=87380]Diana M[/MENTION] as this is over 3 years since the claim is it worth trying to get it struck out ..or would you just leave it?

[nemesis45]

Re: cca letter

Re First credit- They wrote:-
Firstly you should be aware that the period for recovering your debt by court action has expired. So we will not be issuing court proceedings to enforce payments. however your debt still exists and legally we are within our rights to continue to ask for repayment.
First credit has stated What does a TRUE COPY mean.
They have enclosed a photocopy of the credit agreement stating that it is permissible in law to do this by re populating a template with the details of the agreement taken from the creditors records.
They have pointed out how much the amount outstanding.
this fulfills our obligation under section 78 of the consumer credit act 1974 and hope this satisfies your request for informatin.
finally 1st credit requests to contact them within 14 days to discuss the account.Should no contact be forthcoming the account may be subject tofurther letters, telephone calls,SMS and E mails.
They have enclosed copyof credit card conditions along with the photocopy of the credit card agreement signed in 2004.

I would very much appreciate if any one can help any further on this matter.

Thank You
WAT
11/12/ 2017.

- - - Updated - - -


Re First credit- They wrote:-
Firstly you should be aware that the period for recovering your debt by court action has expired. So we will not be issuing court proceedings to enforce payments. however your debt still exists and legally we are within our rights to continue to ask for repayment.
First credit has stated What does a TRUE COPY mean.
They have enclosed a photocopy of the credit agreement stating that it is permissible in law to do this by re populating a template with the details of the agreement taken from the creditors records.
They have pointed out how much the amount outstanding.
this fulfills our obligation under section 78 of the consumer credit act 1974 and hope this satisfies your request for informatin.
finally 1st credit requests to contact them within 14 days to discuss the account.Should no contact be forthcoming the account may be subject tofurther letters, telephone calls,SMS and E mails.
They have enclosed copyof credit card conditions along with the photocopy of the credit card agreement signed in 2004.

I would very much appreciate if any one can help any further on this matter.

Thank You
WAT
11/12/ 2017.

Hi,

Sounds like 1st Crudit are going back to their old ways of some years ago!

With a debt that is SB yes they can still chase payment unless you live in Scotland where SB debts are extinguished, however their " threat " sound like harassment my response would to tell them in writing that you will not be making any payments and if they continue to press for payment by text, letters, email and phone you will consider this to be harassment and suitable action will be taken.

Tried and tested response!

nem

[nemesis45]

Re: cca letter

Well I am no expert but it seems that as they issued a claim the statute barred limits do not apply. I think they are saying they can not win in court
@Diana M as this is over 3 years since the claim is it worth trying to get it struck out ..or would you just leave it?

Ist credit has admitted the alleged debt is statute barred.

nem

[warwick65]

Re: cca letter

Ist credit has admitted the alleged debt is statute barred.

nem

What isn’t clear is when the debt became statute barred , was it before the claim was issued or after

Wat has said on at least two occasions a cc claim was issued but maybe it was something different.

It is also not clear if a defence was lodged in which case the claim was stayed unless they discontinued.

It is no use making suggestions or statements without the full story.

[Amethyst]

Re: cca letter

Wat - - I think you need to clarify a little - on reading back it doesn't look like you had an actual county court claim brought against you, just a letter asking for payment of the money owed back in 2015, which you responded to with a standard CCA request, and then later sent a letter saying the debt was statute barred, which 1st Credit have agreed with ( but intend to continue chasing to no avail )

So to be certain, did you, at any point, receive an actual court claim from the County Court ( likely Northampton County Court Business Centre) which you had to acknowledge and defence against ? It is important as a court claim would have stopped the clock on statute barring and will affect the action you take now.

[nemesis45]

Re: cca letter

Hi What's the date on this letter?

nem

[Diana M]

Re: cca letter

on reading back it doesn't look like you had an actual county court claim brought against you

. . . . So to be certain, did you, at any point, receive an actual court claim from the County Court ( likely Northampton County Court Business Centre) which you had to acknowledge and defence against ? It is important as a court claim would have stopped the clock on statute barring and will affect the action you take now.

According to post # 13 and # 14 on 17th February 2015 a county court claim had been issued >

Is there a CC Claim on this debt?
nem

There is a CC claim on this debt.

The OP then confirms this in post # 18 yesterday

They did claim in 2014 December. Then I used the letter from this site asking for the signed agreement along witha £1 postal order.

Di

[nemesis45]

Re: cca letter

[QUOTE=Diana M;767416]According to post # 13 and # 14 on 17th February 2015 a county court claim had been issued >


Post#20 seems clear enough, 1st Credit admits statute barred!

I suspect 1st. discontinued very early when they realised they could not enforce.
nem

[wat]

Re: First Credit Dear Sirs,

Wat - - I think you need to clarify a little - on reading back it doesn't look like you had an actual county court claim brought against you, just a letter asking for payment of the money owed back in 2015, which you responded to with a standard CCA request, and then later sent a letter saying the debt was statute barred, which 1st Credit have agreed with ( but intend to continue chasing to no avail )

So to be certain, did you, at any point, receive an actual court claim from the County Court ( likely Northampton County Court Business Centre) which you had to acknowledge and defence against ? It is important as a court claim would have stopped the clock on statute barring and will affect the action you take now.

REPLYto above.
20/12/2017
Dear Sirs,
Please may apologies for a mistake. There has never been a county court letter on this claim.
I got it confused with an other claim.
The Facts are as follows.
05/12/14
Letter recd to say the creditors assigned the debt to 1st credit

19/12/14
Letter recd -Reminder to pay

26/12/14
I have requested Copy of Credi Card Agreement using the site template. Enclosed PO for £1. Sent recorded Delv.

29/12/14
Letter recd to say county court proceedings are considered.

31/12/14
Acknowledged the receipt of my request of CCA
and said- They will contact the original creditor for information asked.

10/02/2015
Annual statement of balance letter recd

09/12/16
Copy statements of the debt recd.

16/11/2017
Reminder about the debt recd.

PLEASE NOTE I HAD NO REPLIES TO THE REQUEST OF CCA SO FAR.

27/11/2017
Used the sit template- Wrote saying non recpt of CCA and that the time limit has passed from 26/12/14. I did enclose copy of letter dated 26/12/14.

07/12/2017
They acknowledged the recpt of the letter.
Accepted that the period of recovery of debt by county court action has expired and will not issue CC proceedings.
Also explained what a TRUE COPY means and that
they have enclosed a copy of agreement with terms and conditions attached.

PLEASE NOTE Date of agreement was 24/012004
Some parts of the copy is almost illegible. Blurred
and unreadable without a magnifying glass.
May be a poor photocopy.

Finally reminded me that the debt is a debt and they will keep sending letters SMS e mails etc to recover the debt,

I apologies again for my misunderstanding about the letters CCA and cc.
Please be good enough to advice, what my next step should be,

Many Thanks
and appreciate your reply.
Best Regards
WAT
20/112/2017

[warwick65]

Re: cca letter

Hi

So although you received a threat of a court claim non was actually issued ?

They have written to you saying it is still collectable but date for court is past?

If it were me I would just keep filing any letters away and if the call tell them you will only discuss it in writing.

If , and only if it becomes an inconvenience , send them back a copy of the letter where they say time for court is passed and remind them of the FCA rules on statute barred debts https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

- - - Updated - - -

Just to ask- how much is the debt for?

Should you get a letter before action or a court claim do not ignore- they might just try to slip one in under the radar

[Amethyst]

Re: First Credit Dear Sirs,

Thanks for clarifying Wat, as we thought there's no court claim on this debt - so you really just want them to stop bugging you by letter and text now?

In which case let's have a look at whether the debt is statute barred to help you respond to them to hopefully put a stop on the contact ( pursuant to CONC FCA rules - https://www.handbook.fca.org.uk/hand...ate=2015-10-26 ) ( as Warwick said actually - teach me to read back!)

When did the debt agreement default/ terminate?
Does it still show on your credit file at all ?
When did you last make any payment ?
Did you write on your CCA letter that you do not acknowledge any debt to their company ?

If it isn't clearly SB then it might be a case of putting up with intermittent contact from them for a while until you are certain it is beyond 6 years.

[wat]

Re: First Credit

Hi

So although you received a threat of a court claim non was actually issued ?

They have written to you saying it is still collectable but date for court is past?

If it were me I would just keep filing any letters away and if the call tell them you will only discuss it in writing.

If , and only if it becomes an inconvenience , send them back a copy of the letter where they say time for court is passed and remind them of the FCA rules on statute barred debts https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

- - - Updated - - -

Just to ask- how much is the debt for?

Should you get a letter before action or a court claim do not ignore- they might just try to slip one in under the radar

Dear Sirs,
Thank you for your reply today.
1. Threat was recd. But no court letter recd. That's correct.
2. Confirmation recd that no court action will be taken as the time has passed for such action,
yet they will pursue the collection action if no reply to the letter recd.

I am not sure if the debt is statue barred.

The debt is less than 6000.
Thank you for your advice.
Best Regards
WAT.