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i have cca now what?? 42nd man?


debs4th
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Hi heres my previous post so you know the background:

 

"Hiya, Im just wonderng if anyone can help me, after reading alot of information on here i found a couple of my debts were statue barred theses have been closed now Thanks!!!

 

But i have a problem with Bucahannan Clark and Wells, i had a debt with Aktiv Capital over 8 years ago in jan 2007 i got a call and was basically so scared i set up a DD to pay back £20 a month, i never admitted debt in writing i recently spoke to them and think that the debt is statue barred but they say it defaulted on 10may 2001 but as i started paying back in jan its not.. Ive since requested a coipy of credit agreement about 4 wks ago and ive still not recieved it i got a phonecall yesterday about the debt so i mentioned the agreement 'its in the post' I stpped payments at christmas as really had no money, so i just dont know what to do next do i fight them or am i in the wrong, its really bugging me as we spent all of last year clearingdebts and sorting finances and this is the last one! They just intimidate me on the phone and as they still havent posted me stuff i cant write to them as i lost the address and my account no - sure they will be on the phoen to me soon tho! :)""

 

Following on ...

 

i have been sent out my cca for this and the agreement was took out in 1998 - does this mean i can send the statue barred letter as the contacted me over the 6 years this did work with the other debt from a diff compnay i just wanted to check as these people have been so horrible to me i really dont want to pay them back - also thanks 42nd man they have stopped ringing me now :)

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Hi Debs....if you have neither made a payment or acknowledged the debt in 6 years then it is statute barred...however I don't like giving bad news , but by virtue of the fact that you have made payments to them the 6 years starts ticking again (sorry)....however they have a duty to provide a CCA (what is the debt for ?) If they don't send you the agreement within 12+2 working days then they are in default of your request if after a further 30 CALENDAR days they still haven't provided it then they have committed an offence under the Consumer Credit Act 1974.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks for quick reply! Thats what i thought, they sent the cca within time aswell, im just so gutted as id found this forum and found out about satute barred just a month or so after i made my first few payments to them - typical!! It was for a topshop account and dorothy perkins account - thanks for your help anyway, i might still send a statue barred letter i did this with a nother debt (westcott) and id made some payments to them in the bottom of the statue barred letter i added that the payments already made were ex gratia - i got a letter back a mth later saying that they closed my account

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You say they sent you the agreements ? do they have the prescribed terms ? are they executed properly ?....if you can, cross out all the personal details (name, address, account numbers, amounts etc) scan them and post them up on here for the experts to see if they are legally enforceable....and wow a good result with Wescott !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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ill dont have scaner but ill try and take a pic later when kids in bed! and put that on, ive got a photocopy of the originla cca , im not sure what pescribed terms and executed mean? I know i was in shock with wescott too

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