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I have a debt which has been passed on to AIC, at the beginning they made an offer which I was going to pay except I could not pay it within their time scale, then they started to threaten me by sending a letter saying they would get the solicitors involved and put a notice on the property or declare me bankrupt, the debt is £4000, at that point I got some advice and was told none of this could be done unless I had defaulted on a ccj, whic I have not, I was advised to send them a letter requesting my cca which I did earlier this year, they have not produced my cca, but keep calling, when I called them back I found out that the bank does not have a copy as the debt is over ten years old (previous to all this I was paying the bank the arrears I owed) but AIC still keep calling any advice on what my next step should be?

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When you didn't receive the CCA did you send a letter putting the account into dispute?

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hi,

Send AIC letter 20 from here:

 

The Consumer Forums - Debt collectors

 

I would also incorporate into this letter the telephone harassment letter from this link:

 

The Consumer Forums - Harassment

 

If they are threatening a doorstep visit, letter 3 or 4 in the first link can go to them too.

 

DO NOT sign anything

Send all letters by recorded delivery

 

 

The simple truth is, no agreement, they can't force you to pay a penny (but that won't stop them from trying)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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so's it statute barred then?

 

if so ignore the little fleecers.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OOPS missed the 10 year comment in OP. If there has been a period of 6 years, 5 in Scotland where no payment or acknowledgement of the debt in writing has been made then it is Statued barred.

I would send the statued barred letter or as DX has said just ignore http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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so's it statute barred then?

 

if so ignore the little fleecers.

 

dx

 

 

I didn't read it like that, the credit agreement was 10 years old but it sounds like the debt isn't so to speak, and/if if the author has made an arragnement to pay them (thus removing the stat barred protocol) but not fllowed through then it's no longer stat barred etc...

 

I suspect this is academic and the account hasn't been paid for a while but not 6 years etc.

I reside in Dawlish Warren but am not a rabbit.

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I sent the cca recorded delivery they have admitted that they do not have a cca, as the bank cannot provide one, I was paying the bank up until sep 2009 when they passed it on.

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Ok, if they've admitted in writing that they are unable to provide a signed credit agreement then advise them in the absence of a signed credit agreement they can not prove/enforce the debt and that you'll be making no further payments to them.

 

Advise them also that any further communication from them would be deemed as harrassement and that you'll contact the OFT and make a formal complaint against them (the collecting agent..i.e AIC

I reside in Dawlish Warren but am not a rabbit.

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Well you can do one of two things,

 

Offer them a very low F&F offer, on the acceptance that they will mark your credit file as satisfied, and not sell on the remainder of the debt to be chased at a later date.

 

Or, preferably, ignore them, if they have already written to you admitting they have no CCA, then they are unable to 'legally' pursue this through the courts, and can't mark your credit file adversely, as they can't prove that there was an agreement or relationship between you and the OC.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They have only admitted over the phone that they have no agreement, nothing in writing. I am a bit wary about making them an offer as i tried that originally and they refused,then came back with another slightly higher offer, but they would not send me a letter saying that it was for full and final settlement and i was advised by a debt charity that if it did not say that there could be a strong possibility that they would pass it on to someone else,(the debt agency had encountered a number of people being chased for debts that they had thought had been settled) .

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Ahh,,,phone calls mean ZERO, accept nothing from them via a call and quit talking to them on it. Them admitting on the phone that they cannot provide something is like listening to a politician on the TV that says 'lessons will be learned' when you just know it's not how it is.

 

Who was the original creditor and what did AIC do with your £1 cca request payment (presuming you sent it)

I reside in Dawlish Warren but am not a rabbit.

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If they have no agreement they cannot enforce through the courts.

So they would be very silly not to accept a F&F, but this offer from you must be on the condition that your credit file is marked satisfied,and the promise that the balance is not passed on.

After all you want something for your money.

The ball is in your court, I would make an offer of around 5-10%

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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If you have the postal order details you can see if it's been cashed by calling the Royal Mail on 01246-542091 or write to them at

Post Office

1 Future Walk

West Bars

Chesterfield

S49 1PF

 

Other than that the rest of what you need to do (or not as the case may be) is contained within this thread.

I reside in Dawlish Warren but am not a rabbit.

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ignore them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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