Advice needed about 6 year ruling

[iwannabchargefree]

Hey there,

 

I am being persued by a DCA over a credit card that I had around 11 years ago. They seem very determined and I'm not sure what my best course of action is.

 

I can't afford to pay it off in full.......... which is why it's still a debt, they've offered me a settlement which I can't afford either.

 

If they can't legally collect then I'll refuse to pay it but I want to know where I stand before I do this.

 

When does the 6 year ruling apply to, by this I mean is it from the date you originally defaulted?

 

Any advice you can give me would be great.

[Michael Browne]

It is 6 years since you acknowledged the debt in writing or made a payment

[iwannabchargefree]

Thanks Michael,

 

Looks like I have another 8 months left then..... I think my last payment was around 03/2003.

 

Not really sure what my best course of action is!

[IdaInFife]

You can send the a CCA request

 

Consumer Credit Act template - Consumer Wiki

 

This is asking you for a copy of the original agreement in which after 11 years is very unlikley. If they do not then it is not enforceable.

 

Include £1 postal order and print your name, do not sign. Send recorded delviery and let us know how you get on.

 

Ida x

[The GodMother]

indafire i totally agree the cca may be hard to find afte 11 years. no cca no pay. let us know what u get back and we can advise from there.

[iwannabchargefree]

Thanks IdaInFife and the GodMother,

 

I didn't know you could do that! Won't that just start them up again and make them more persistant if they do still have it?

[havinastella]

They cannot do a thing and by the time they have tried to get your agreement, the six years will be up.

 

ALWAYS start the letter with

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

and don't EVER sign.

[The GodMother]

u could always send the prove it letter first and see what they come up with. it costs nothing more than the recorded delivery rates of about £1.10

[iwannabchargefree]

That sounds like a plan!

 

I don't like the way these people operate so it gives me a good feeling to be able to get advice from people like you who really understand the process.

 

I'm going to get the letter together tomorrow.

 

Thanks again

[saintly_1]

Try this one

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

[The GodMother]

thanks saintly.

 

print dont sign and post recorded delivery.