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I had a Tesco Visa for £1000 which I stopped using back in 1998. It was defaulted due to in part the hefty amount of charges applied to it.
The debt was sold on to to Robinson Way I think and now it's with first credit. I paid RW regularly for about 3 years around £15 or £20 per month, then after my divorce when I hit really hard financial times it got passed on to First credit and for the last 3 years I have been paying a nominal amount to them through my debt management plan.
I guess I am too late to do anything about this now, as the debt (and access to any statements) is now outside the 6 year statute of limitations, but they (Robinson Way and First Credit) got to me inside of that time. Guess I'm stuck with it now...I only wish I'd known to do something about it before now..
There is some debate about this at the moment. I am of the opinion that a debt cannot be statute barred as far as one party is concerned, yet it is enforceable by the other party.
I have a similar situation with a Debenhams Chargecard, which is being paid through Aktiv Kapital. I am sending a DPA request to GE Money, and have now written to AK as follows:
Dear Sirs,
Account Number: xxxx xxxx xxxx xxxx Aktiv Kapital Ref: xxxx.xxxxxxxx
Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.
Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.
I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.
You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with GE Capital Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.
Yours faithfully
Alan, Derby, UK.
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Wow, that's really interesting Alan - that must be why they haven't taken me to court yet lol - let me know how you get on? Have you started a thread on this yet?
I don't know whether to do the same as you at this stage or sit tight and see what happens with yours...
Will post again when I've thought more about it...
Tesco Visa too late to do anything
. I paid RW regularly for about 3 years around £15 or £20 per month, then after my divorce
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