scotcall

[Sirus]

not sure where to start to be honest

i took out a bank loan maybe 7 years ago

certain probs came to ahead and i moved on loseing alot of info and paperwork

any way 6 years down the line ive been getting letters asking for the debt to be paid (which im willing to do as long as i can pay by installments)

the debt comes to 8922.89 which is alot more than it was when i stopped paying (which i cant remember )

any way what is the best way to get this sorted (the letter is saying i have 7 days till a doorstep collection

do i ring them and see what thay say ?

or send a letter

 

thanks in advance

[Kholoshian]

Hi Sirus,

 

Have you sent a CCA request to whoever is chasing the debt? Also they have not right to call on you at your property without first having you agree to an appointment. See below for the letter i sent out (with help from the great people on this site).

 

Dear Sir/Madam

 

Re:− Account/Reference Number [insert reference]

 

I do not acknowledge any debt to [insert name].

Thank you for your letter dated [insert date] the contents of which are noted.

 

Please be advised that I am only prepared to communicate with you in writing.

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

I trust this outlines the situation.

Yours Faithfully,

 

[insert name DO NOT sign]

 

Hope this helps a bit - but i'm sure cleverer people than me will be along soon to give you advice.

 

Cheers

Kholo

[Sirus]

im not sure on what a ccj is to be honest

[Allwood]

Send a statute barred letter to them as the debt is over 6 years old, have you been in contact with the OC during the pass 6 years if not they you debt is statued barred there is a template for this letter on this site.

 

If you have been in contact with them during the past 6 years then send them a CCA letter again you will find a template on the site for this also. If you have to send a CCA letter at the top of it say that you do not acknowledge the debt and state that they £1.00 which you will also have to send for the CCA has not to spent other than the CCA. If they do not send you a CCA within 12days they are in defult Also please do not sign CCA letter becasue DCA **** will copy you signature and forge docuement to suit their purposes and send it by recorded delivery.

 

In the mean time I would also send a SRA to the OC and see what they have as well this will cost £10.00 but it is worth it. I recently sent a SAR to barclays and when I got back they had nothing but old statements and they informed me that according to their record the last payment I made was in 2000, but I **** DCA sending me threatening letter and phone calls every other day.

 

Best of luck

[Kholoshian]

Hi Sirus,

 

A CCA not CCJ is a Consumer Credit Agreement. You are legally entitled to request a true copy of your agreement from whoever is chasing the debt. If they cannot provide, then basically they do not have the authority to chase you for it.

 

Kholo

[Sirus]

so i send scottcall a CCA ?

do i need to add any money on this .and do i send this letter recorded?

[ODC]

If Snotcall are the DCA chasing you for the debt send them the CCA request along with a £1 postal order. DO NOT SIGN the letter. Send it by recorded delivery. Wait on their response and above all do not panic.

[Kholoshian]

Sirus, here's the CCA letter is use. I'm sure it covers pretty much everything but one of the forum veterans, such as ODC will i'm sure cast an eye over it and let you know if i missed anything.

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number [insert refererence number]

 

 

I do not acknowledge any debt to [insert DCA name].

 

To assert any legal right to ask me for payment, you are required to produce documentation to prove that I owe any debt to your company.

 

You are reminded that until you provide the relevant documentation, you are not able to process my data in any manner, as you do not have my permission as a Data Subject, and you are not able to pass this data to any company or agency. Prior to processing my data, you are required to send me a ‘Fair Processing Notice’ detailing how you will use my data.

 

If you continue to process my data without my permission or before you prove legal ownership of the account, especially with any credit reference agency, I will inform the relevant authorities and take action under the relevant sections of the Data Protection Act 1998.

 

With reference to the above agreement, I require you to supply me with a signed, true copy of the credit agreement under which this account is conducted and other relevant documents mentioned in it. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 – s.78 of the Consumer Credit Act 1974. Your obligation also extends to providing a full statement of account, detailing all charges and payments up to the current date.

 

I enclose a £1 Postal Order (insert PO number) in payment of the statutory fee for my request. This payment is NOT to be used to credit this account as I do not acknowledge any debt to [insert DCA name].

 

If this debt has been assigned to you from the original creditor, 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 s.189 of the Consumer Credit Act 1974.

 

A signed, true copy of the credit agreement and other relevant documents mentioned in it, together with a signed, true copy of the deed of assignment (if applicable), should therefore be supplied to me upon receipt of this letter and within the time allowed by the Consumer Credit Act 1974, no more than 12 working days. This letter has been sent 1st class Recorded Delivery.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant authorities.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement in law if they fail to comply with a request for a copy of the said agreement under the relevant sections of the Act and non-compliance with this request is a complete defense at court.

I look forward to hearing from you.

 

Yours faithfully

 

[insert printed name - DO NOT SIGN]

[Sirus]

ok

what happens next after the get this ?

 

thanks

[ODC]

Just wait for their response

[adamski]

Scotcall will not acknowledge any letter sent them.

Email them with a CCA request the email addy is on their website, they will drop your account like a stone

[gathers54]

Hi All,

 

What the best course of action in regards to sending a CCA if i/you have already sent a previous letter acknowledging the debt etc even though i havent set up a payment plan. I wasnt aware they couldnt enforce the debt without the agreement, evem if they had been sold the debt.

 

Many thanks in advance

Andy

[ODC]

You are legally entitled at ANY Time to ask for proof of the debt by requesting a copy of your agreement. Just because you are paying now makes no difference. Send off the CCA request and await their response. If they do not supply the CCA within 12 working days you can legally withold payment.

[Fair-Parking]

Sirius. If this debt is over 7 years old and you have never received a court summons, then it's no longer a legal debt. Those that claim it is should have issued proceedings within 6 years though they have have another 12 months to deliver them.

 

If that hasn't been done (and Scotcall won't know) then glory be - you don't a penny.

[nicklea]

Sirius. If this debt is over 7 years old and you have never received a court summons, then it's no longer a legal debt. Those that claim it is should have issued proceedings within 6 years though they have have another 12 months to deliver them.

 

If that hasn't been done (and Scotcall won't know) then glory be - you don't a penny.

 

This isn't quite true. It is not the date of the debt that is important but, in this case when you last aknowledged it in writing or by making a payment towards it.

 

It is actually 6 years from when you made your last payment. So if you have made any payment to them after May 2002 then it is not barred.