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Hi

 

I posted on here a while ago. Basically Cahoot passed my debt to Apex Credit around 4 years ago after they defaulted me. I was paying Apex £87 a month. Then Apex began to try to get me to up my payments and I thought I would CCA them mainly as I had that much debt when I was in trouble 4 years ago I didn't have a clue as to what the original balance was and wanted to ensure I still owed them what they claimed.

 

Apex didn't supply me with the agreement after the allowed time so I cancelled my direct debit with them.

 

That was in January. I heard nothing more until 3 months ago when they offered me a settlement. I rang them and advised I would be in a position to settle as soon as they supplied me with my agreement. They were very nice and apologised said Cahoot weren't playing ball apparently.

 

So I heard nothing more until saturday when I received a letter from DLC with a letter enclosed from Cahoot stating they had sold the debt to DLC. DLC asked me to contact them with an offer of payment within 30 days or they would start to record on my credit file.

 

OK my queries for you guys are as follows:

 

1) Do you think I am right in assuming that Cahoot probably don't have my agreement. I was a regular payer never missed a payment and usually upped it when they requested. Why sell on a debt especially one I was prepared to settle on when I wasn't a risk - unless they didn't have my agreement?

 

2) When does a debt become statute barred after a defualt? Is it the date of the default even though I was paying after the default? I assumed the original agreement came to an end with the default.

 

I have my CCA on the desk for DLC now and will be posting it by recorded signed for delivery of course. I have dealt with DLC before and dislike them therefore will not be speaking to them on the telephone. In the past with an old account they said I had agreed to double my payments 6 months previously. I requested a recording of the call and they wrote back apologising saying I could keep my payments as they were until the debt was cleared.

 

Any advice or comments are greatly appreciated. It is because of this forum why I have the strength to deal with these idiots!

 

Joanne

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Guest Old_andrew2018

Hi Joanne,

Yes I expect that they are having trouble finding a agreement.

 

In answer to your next question IMHO a debt in England and Wales will become statue barred 6 years after last payment or contact, a mortgage after 12 years, so the clock will not have started yet.

 

I would write a letter similar to this as suggested by saintly 1

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144656-hfo-services-problem.html#post1523368

Some members suggest adding this statement at the start of you letter,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT

Regards

 

Andy

Edited by old_andrew2007
typo
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Thanks for the reply Andy. I have amended my letter so hopefully will receive some form of reply over the next few weeks so that I know what my next steps will be.

 

My only concern is that the old debt with DLC may have my signature on some correspondance. I'm not sure how ethical DLC are (not very as most are not I know!)

 

Joanne

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Guest Old_andrew2018
Thanks for the reply Andy. I have amended my letter so hopefully will receive some form of reply over the next few weeks so that I know what my next steps will be.

 

My only concern is that the old debt with DLC may have my signature on some correspondance. I'm not sure how ethical DLC are (not very as most are not I know!)

I see from your reply you are aware of risks of your signature being cut and pasted onto a document, I now use a digital signature.

Joanne

 

This is a link to one such meathod of creating a digital signature http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html#post1077862

 

Good luck

 

Andy

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