DCA Disputing SB Status of old CC Debt

[john118]

Hi all,

I am disputing SB status of an old CC debt with default date of March 2010. No payment or acknowledgement was made ever since the default date to any of the DCA's who chased this debt. The DCA currently chasing me had threatened court action to which I responded with the standard SB letter quoting the Limitation Act. However they have come back stating it is not SB as the original creditor had received the last payment in July 2014, which is absolutely not true.

The only payment I made was in July 2014 of £1 fee to the DCA chasing at the time to produce the CCA and I had clearly noted in the letter then that this is only to be used as fee for the CCA and that I do not acknowledge any debt. It was not towards the debt and certainly not to this DCA.

The interesting this is the outstanding amount quoted by the then DCA and this DCA remains the same, i.e. they have not applied the £1 to the debt (and they should not any how).

Can someone please advise what should be my next action? They seem to suggest in the letter that I shall be getting Claim forms soon.

Thanks in anticipation.

[Amethyst]

Re: DCA Disputing SB Status of old CC Debt

Good morning xx

You need to respond to them informing them that you did not make any payment to the debt in July 2014, that you did however make a statutory request to xxxxxxxxxxxx for a copy of the original credit agreement pursuant to s.78 of the Consumer Credit Act 1974 with the statutory payment of £1. You have, as yet, not received any response to that request, and that they will be aware that a statutory payment for information cannot be deemed as a payment or acknowledgment of a debt. If they dispute this is the payment which they talk about in their letter please to send evidence of the payment, amount and method of payment. Otherwise you consider the debt to be statute barred by virtue of limitation act 1980 and, as it stands, unenforceable in court by virtue of s.78(6) Consumer Credit Act 1974. any court action will be strongly defended.

Something along those lines anyway xx

[john118]

Re: DCA Disputing SB Status of old CC Debt

Thanks Amethyst. The earlier DCA did provide the CCA following my request. I assume this wouldn't affect the SB status of the debt?

I am absolutely certain that no payment was made. I shall write to them and await their response or Court claim form.

However I wouldn't want to talk about the CCA request & £1 payment to the other DCA; I would rather just ask them to prove what they are alleging. Whats you thought on this?

[Amethyst]

Re: DCA Disputing SB Status of old CC Debt

Mmm, if you don't mention the CCA request then they can state they just had a £1 payment, so I would mention that is what the £1 was sent for and leave out whether there was a response or not.

To enforce they would need to provide the agreement so you could send a further CCA request to the current DCA as creditor by assignment, but I'd do that separately to the letter about statute barring.