cca letter

[wat]

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?

SORRY I AM NOT SURE.

Does it still show on your credit file at all ?

NOT ON NOODLE


When did you last make any payment ?

JANUARY 2011


Did you write on your CCA letter that you do not acknowledge any debt to their company ?

DID NOT ACKNOWLEDGE THAT THERE IS A DEBT. BUT REQUESTED CCA AND ANY OTHER INFORMATION RELATING TO THE DEBT.

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.

Thank you for the reply today.
I would be grateful for further advice in the light of all the facts at hand.
Replied to WARWICK 65 today.

Many Thanks once again and

Best Regards,
WAT

[Amethyst]

Re: First Credit Dear Sirs,

Okay so the debt could be statute barred as you stopped payment in January 2011 and any default has fallen off of your credit file. It is likely to have defaulted two/three months after your last payment - depending on the kind of debt ( I can't see what that is but could be being blind ) - you haven't paid anything at all since that date - no debt management plans or odd payments to a debt collector etc ?

Anyway, depending on the above, you indicated they have pretty much admitted they consider it statute barred, and they acknowledge they can't enforce without the agreement but indicated they will keep chasing you - you could just file those letters away but if they are causing you stress then you can write to them and ask them to stop bugging you ( nicely ) with something like this ....

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have indicated you intend to continue with collection activity regarding the above account, despite being unable to enforce the alleged debt due to being in default of a formal request for a copy of the agreement pursuant to s.77/78 of the Consumer Credit Act, and the debt, as you have previously acknowledged, being beyond the relevant period under s.5 of the Limitation Act 1980.

The FCA Consumer Credit Sourcebook (Rule 7.15.8) states that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.'' I have previously informed you that this debt is time barred yet you continue to send me letters and text messages and emails. I find this communication quite upsetting and stressful and I would ask that you discontinue all communications relating to collection of the alleged debt immediately.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[wat]

Re: First Credit Dear Sirs,

Okay so the debt could be statute barred as you stopped payment in January 2011 and any default has fallen off of your credit file. It is likely to have defaulted two/three months after your last payment - depending on the kind of debt ( I can't see what that is but could be being blind ) - you haven't paid anything at all since that date - no debt management plans or odd payments to a debt collector etc ?

Anyway, depending on the above, you indicated they have pretty much admitted they consider it statute barred, and they acknowledge they can't enforce without the agreement but indicated they will keep chasing you - you could just file those letters away but if they are causing you stress then you can write to them and ask them to stop bugging you ( nicely ) with something like this ....

Thank you once again for your prompt reply.
Will wait until I hear from them.
Will let you know the out come.
I shall contact you in the near future.
Best Regards
WAT.