CCA or Statute barred

[Chrissielr]

Apologies in advance if my question has already been answered, I've searched and can't easily find anything similar.

My husband has 3 defaults showing (satisfied) on his credit file at our current address for which I am about to send CCA letters in the attempt to get the information removed. My question is regarding a very old default registered against one of his old addresses, but which comes up as linked through Equifax/Experian.

The default is listed by Olympian and is dated December 2001, hence I am unsure whether to "open old wounds" by requesting a CCA now or to wait until December this year and send a statute barred letter.

Any thoughts??

[lemma1968]

Has this debt been either acknowledged by you or any payments been made in the last 6 years?

If not then it may well be statute barred and it cannot now be pursued by the creditor or DCA.

If that is the case then I would not bother CCA'ing them cos if you are still just within the 6 years it may make the 6 year clock start ticking again....but from day1.

I would leave well alone at the moment if I were you.



If i have been of any help at all then please click my scales!

[dom2]

Quote ....
If that is the case then I would not bother CCA'ing them cos if you are still just within the 6 years it may make the 6 year clock start ticking again....but from day1.

I would leave well alone at the moment if I were you. ....

Why would the 6 year time limit start again? You'd put in the letter that the alleged debt is denied. Isn't this enough or am I missing something?
(BTW I agree it's best not to rock the boat).
Thanks.

[lemma1968]

Rory may be able to help here but i am not confident enough to say that such a request does not amount to some form of contact that may get the clock ticking again...i think people's experiences may assist here. It probably does not but I will step back for the more knowledgeable to comment.

If she were to make them an offer then that would most definitely start the clock ticking again from day 1 (if it has not previously been done). And if they come back with a fomr or want to start negotiating then I suspect that would count too.

This is a case where i would advise against poking the bear as it were.

[dom2]

Agreed.
How about (gently) lifting the bear into the (not rocking) boat, float it out a little ... and sink it

[Chrissielr]

Originally Posted by lemma1968

Has this debt been either acknowledged by you or any payments been made in the last 6 years?

No, it hasn't been acknowledged, nor have any payments been made in the last 6 years. I think you're right about starting the clock ticking again - I'd hate to send the CCA request and find out if we'd kept quiet for 6 months, that would have been that.

It would be good to know if a CCA request would constitute "acknowledgment" of the debt though.

[Chrissielr]

The other thing I should ask is, if the default is registered at a previous address, does this matter?

[rory32]

It would be good to know if a CCA request would constitute "acknowledgment" of the debt though.

It doesn't. Quite the opposite actually and just in case they are in doubt you should always put I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top of the letter.

Although if they're not chasing you for the debt there is no point in reminding them.

The other thing I should ask is, if the default is registered at a previous address, does this matter?

No, as long as the default notice was accurate at the time and contained the necessary information (most actually aren't properly laid out and don't contain all of the necessary info so are invalid).

[Chrissielr]

Thanks Rory.

I think I'll leave the one that is nearly at 6 years, but CCA the others.

[pinkdawn1]

Hi everyone

This is my first post, so please bear with me.

I started browsing through this forum because I have recently been contacted by 1st Credit with eference to a debt they say I owed Abbey. This debt was significant (over six thousand pounds). But they addressed the letter to my maiden name, and as I had been married for five years, and not lived at the address they had for me for the last six years, I wondered what I could do, if anything, about this situation. The fact is I have not been pursued at all for this debt.
I was pleasantly surprised to find out about statute barred. I had never heard of this, and had already admitted one debt of greater than six years (different Debt Agency). I immediately rattled off the template document for Statute Barring a debt.
I received on the 12th September a CCA, which I didn't ask for at all. I have replied to this today with a copy of the original Statute Barred letter, I highlighted the part where it asks for them to prove I made payment or owned to the debt being mine within the last six years. Did I do the right thing? Is there anything else I shoule do? Any help would be welcome.

[MONX]

Welcome Pinkdawn,

You are probably better starting your own thread.

At the top of the (and the bottom) of the forum page is a button to start new thread, press this and then just cut and paste this post into that box.

In answer to your question, If as you say the debt has not been ackowledged by you by payment or in writing in the last six years then my understanding is that it is statute barred. I guess the next move is to wait for the DCA to reply to the second letter with some evidence that the alleged debt is not statute barred.

[havinastella]

Hey PinkDawn,

Just remember even if you pay something towards a debt that is Stat Barred, it REMAINS stat barred. Stop paying the DCA immediately

JOgs