:-D:-D:-DLOL:grin::grin::grin:

Hilary, Be strong, you know you can do it but why oh why would you want to. A daily fix of CAG is good for the soul and the withdrawal symptoms not worth it. I only came on for some information and now i'm hooked on CAG. I think the site went down this afternoon for some maintenance and i had this overwhelming sense of loss. I really need to do something about this but I really can't be ar**d lol:-D fox

Now where did I put those Valium

There has been a bit of confusion. It used to be said that they had 12+2+30 days before they committed an offence. the 30 days have been struck out as nobody ever got prosecuted but I think once the12+2 days have passed then they are in default anyway. Could you say whether any payments have been made in the last 6 years. If not then it could be statute barred. If not then ignore that last sentence LOL fox

The thing is- I'm a telly addict and now i'm totally conflicted. I can't do both at once. I've totally lost the plot on some programs i watch (some may say i lost the plot years ago-swines:??? I sit on my computer chair day after day (getting a square backside in the process) and will someone to come on with a problem that I know something about. The problem is that I know nothing. ARRGGGHHH. All this typing is making my arm ache. Oh how i'd give my right arm to be ambidextrous:-D. NO! STOP! I must go and do something else:) fox

I would wait until the 12+2 days are up and then send the account in dispute letter. If you haven't looked in this bit of the forum it's a good place for more adviceConsumerWiki - A-Z Index fox

Correct me if I'm wrong but wouldn't the council have to prove that a fraud was committed before legal action. If the OP didn't supply all the information requested when applying for council tax or told lies when applying then yes an offence has been committed however, if the OP gave them the correct information then the council made a mistake with the processing then the OP wouldn't nescessarily know a mistake was made. In that case the could be held liable for their own mistakes. If eljay could supply some more info on this it would clear up any confusion. I know from my own experience that councils muck up a lot. This is a line from my own council paperwork: Overpayments that are caused by official errors can only be recovered if the customer, or someone acting on their behalf, could have known there was an overpayment. All good fun:? fox

I joined CAG a couple of weeks ago to get some help with DCA's but since then I have been unable to stay away. Not even for a day. Maybe I need counselling:D It's getting so bad that I'm actually starting to help other people with their problems and to make things worse, I'm having panic attacks whenever the site is down. This morning I couldn't log on and I started praying and I'm athiest!!! I've even thought about making up problems so that I have reasons to come here. OH GOD (see I'm at it again) Do any of you have the same problem as me and what did you do about it?? Any help gratefully appreciated FOX :grin:p.s If any of you took this seriously then maybe you are really a CAGaddict:grin:

subbing

Thanks Mistermind. I bow to your knowledge. I didn't quite know how to advise on this one. I'll take your info on board in case i get asked that again. fox

Morning:) That's fine. I was only being nosy anyway lol I'd still CCA them to see what they send back. A while back I sent a letter to a credit card company asking them to freeze the interest and charges so long as I made regular payments. Don't know if egg will do that but I'd wait till you get the CCA back. All the best to your oh I'm going to PM a member of the site team who may be able to assist more. fox

well, are you in arrears to egg have they sent a default notice to you are they selling the debt you know the usual stuff or are you just covering all bases should you have to default in the future. I'm assuming it was in your OH name so he (she?) has to send in the CCA request. If you are asking these questions in order to avoid paying what you legally owe then that's a different matter. The role of the forum is not to avoid paying debts but to ensure that the DCA's follow the rules and if they don't then that's their loss. fox:cool:

Hi there the procedure is as far as i'm aware, the same. send a CCA request plus £1.00 cheque or postal order by recorded delivery to their office. DO NOT sign your name but print it A few more details about the problem would be helpful fox

I found a while ago that i needed to justify my actions and explain why i was doing this or that when all the people i was dealing with wanted action. It's human nature so don't worry about it. MOST IMPORTANT. Don't let the ba*****s get you down:p fox

This might sound like a critiscism. It's not, but what has your health got to do with them. They don't need to know the background of the default. All they need to know is that you believe it to be statute barred and it's for them to prove otherwise. If you wish to include personal information then that is your choice.So of the two letters you've written, the first is the better choice in my opinion. gosh I feel guilty now!!!!8) fox

The letter looks good in itself however, I've heard that it is no longer a criminal offence after 30 days so it may be worth removing that bit. I'm sure another more educated cagger will be able to say more on that. I beleive that after 12+2+30 days the account goes into default but again i could be misinformed or as is usual with me-Stupid lol. try looking through some other threads to see what comes from them. fox

With my limited experience and being a newbie myself all I can say is becauxe thee was a gap between 1996 and 2004 where no payments were made makes the debt stat barred. Just because you have been paying since 2004 doesn't change that. The original DCA shouldn't have come after you but because you didn't know your rights then you obviously paid. Don't worry, you're not alone in that. I'm paying a debt without knowing if the DCA has a copy of my CCA. does that make sense:) fox

Hi again:) From what I've been reading on other threads the procedure is the same as if had been done by post. send the the usual CCA request, £1.00 postal order and send recorded delivery.

That's the one fox

Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. We look forward to hearing from you. Yours faithfully Mr A N Other

I'm sorry but this is all I could find. you could amend to suit your situation. Their ADDRESS YOUR ADDRESS Dear Sir Madam, I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from XXXXXXon *DATE* is statute barred, the reason for this is that I was originally defaulted in *DATE*, and XXXXX bought the debt around *DATE*, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from *DATE* till 2003, therefore it is my conclusion that the default you have registered against me is unlawful. If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice. You have 14 days to reply to this letter. Regards,

OOPS! Sorry hetty my bad. I should read earlier posts a bit better. I think they need to prove that it isn't statute barred but as I'm still a relative newbie I can't point you in the direction of any relevant letters that others have sent. I'll have a look around and see what i can find. fox

I copied that from the template letters section replace all the red bits with your relevent information. fox

1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Mr A N Other __________________

Hi there:) I'm a relative newbie on here and from what I've been reading on other threads, they haven't sent you the correct paperwork. A CCA needs to show your signature so if they've only sent you blank forms then they can't enforce the debt until they do provide the paperwork. hope that helps. fox8)