Is there any way to discuss the possibility of a reduced final payment with them without accepting the debt is mine? (a long shot I know!)

do not panic at this stage, if pre 2006/7 then it might be unenforceable, lets wait and see, why give money to fleecers when you may not need too, too early to judge that road yet!

Thanks everyone for your advice so far. I will send the CCA request to both parties at lunchtime today.

Thanks everyone for your advice so far. I will send the CCA request to both parties at lunchtime today.

just send copy of original request to restons not with £1.00 payment. stating for information purposes.

Dont forget that the section 77/78 request can also assist and add leverage to any F&FS offers

Dont forget that the section 77/78 request can also assist and add leverage to any F&FS offers

I assume that this letter does not acknowledge that the debt is mine?

We normally recommend you head your request with " I do not acknowledge any debt with your company " when requesting an agreement from an assignee.

they could start the ball rolling if their employer tells them to but they would then have to cease any action to comply with that request and that will be wasted time and money for them.

more than anything they want to wake you up so the faster the cca request gets there the less likely they are to think you are just going to ignore them and let them win by default.

ericsbrother - what do you mean "more than anything they want to wake you up"?

Chris I think you will find that what eric was saying is that they wanted to panic you in to making

payments and as you know your reaction was to start offering them 3k, so as you can see their

threat of a CCJ had the desired effect but luckily you came here for advice and can deal

with it accordingly.

Regards

Ah I see. Thanks all, I've posted the letters and will return here when they get back to me.

And I bet if you read the letter properly

It does not say will anywhere!!

What is the card and who was the original creditor

Dx

Hello again all -- I'm back.

I received a letter yesterday from Arrow Global stating that they do not accept that they are the creditor,

but will assist in my request for documentation from the creditor.

They will suspend all collection activity until they have provided the documents.

They also returned the £1 postal order.

Hmm.

So if they're not the creditor, why are they chasing me, and why would they continue with this process at all??

Should I expect the original creditor (Egg) to get back in touch.

I assumed they had sold the debt on to Arrow.

std reply.

they didn't know you'd be cute and question their legality to collect a debt

Hi all. I'm back again, with good news and more requests for advice.

I never heard back from Restons and the debt is now six years and one week old,

as in, since the date of default as listed on my credit file.

Am I right in thinking that this debt is now unenforceable,

and if so what's my best plan of action?

I was planning on writing to the credit agencies requesting the removal of the debt from my file

and another letter to Restons telling them that they should no longer contact me.

Secondly, am I now free to pursue a PPI claim against the original lender?

Thanks in advance

Chris

If it is more than 6 years since the date of the default on your credit file, then reporting should cease and yes, it is now statute barred. As most of the agencies only update once a month - it might be worth waiting until next month to see if reporting stops.

You can make a claim for Payment Protection Insurance if it was mis sold - you would need to do that through the original creditor. There is a chance that they might want to pay the refund to the company they assigned it to. IMHO they should not be permitted to do that as once they sold the debt they sold their interest in it.

There is also a very good chance they will simply send a cheque to you

So go for it.

You would not write to the CRAs to ask them to cease reporting on a SB debt - it is the company who is reporting you need to make contact with.

Great thanks citizenB!

and quite honestly I wouldn't write anything.

just to clarify

the WHOLE debt entry will vanish from your file

no-one can thus report to it - it ain't there to report on!

statute barred you mean under the statute of limitations act!

Hi,

I have same issue got a letter from Restons (acting on behalf of Capquest). They threat to take me to court to obtain CCJ for a default from Jan 2012. I responded with Pre Action Conduct - Request for information letter. There responded straight away say my request is not reasonably necessary or proportionate under paragraph 6 of the practice direction pre-action conduct and protocol. basically telling me they have been instructed to start proceeding if I don't get back to them with the 15k payment. they say I entered into a agreement with SAV Credit Limited on 17 Apr 2007. When In actually fact this was a BMI baby credit card with then because a citigroup card.

Can Anyone help me with what my next response would be to get them off my back? Can they get a CCJ against me? I am really worried... Also, think should I try and a reduced Full and FInal settlement... Any help would be greatly appreciated.

SAV Credit limited bought this from Citigroup in 2011

SAV Credit limited bought this from Citigroup in 2011

you need to start a new thread

of your own please

dx

dx100uk - thanks. I tried and went to banks, Loan & Credits and tried to create a new thread. I got the message "Sorry! This forum is not accepting new posts."