Thought debt was statute barred, its not. Advice required

[harrassed senior]

OK, I think the most 'important' part of their 'reconstruction' is the fact that they have NOT done a true reconstruction, evidenced by the incorrect address.

 

If it were me I would tend to request, as already suggested, their written confirmation, that they do hold the original Agreement. A reconstructed agreement does satisfy the CCA request, but it is not enforceable through a Court of Law, only an original document is, although, having said that, some less well read Judges make up the rules as they go along so have been known to 'allow' a reconstructed agreement to 'prove' a debt.

 

Have you done as suggested and requested proof of the payments they are saying you made? This too is an important piece of information.

[coledog]

I think that you need to provide a bit more detail about this before anyone can give sound advice. who is the DCA, the OC how old is this etc - what else have you received? When did you last make a payment?

[Jasper1965]

The CCA response is a "fail" on the address issue alone. On no account tell them this or tell them what the correct address should be. The account remains in lawful dispute and unenforceable.

 

Did you ever check on those payments as advised?

 

A simple "I do not recall making those payments can you please supply proof of the sortcode of the branch at which these counter payments were made".

 

It would help if you named the DCA involved as there are specialists on this site for the different MO's employed by the different DCA's.

 

Cabot as has already been mentioned are good on claiming payments were made then changing to these being "attempted payments" when pushed.

[uiop]

Thanks all, useful information.

 

With regards to the payments they claim I made. I didn't push that issue as I felt the CCA request was enough at the time. It was such a long time ago that it was arranged that I doubted they would be able to provide the real paperwork... correct assumption based on this.

 

Because of the responses above I think its now time to push for the proof though and in the same letter challenge the CCA provided, without giving them info on their mistakes.

 

Thanks again for the help everyone.

 

P.s. On the specifics of the case, I dont like to post them as I am sure the DCAs read here so best not to arm them with too much info I feel. If any of the mods feel it is useful, I'm happy to pass it on in PM to the expert for that company though.

[dx100uk]

was this an online agreement par chance?

 

sound about all you'll get for one of those

 

dx

[uiop]

From what I remember it wasnt an online application.

[dx100uk]

TBH: i think you are being silly by hiding important info we need to know

 

it cannot compromise your situation by posting scans with names etc removed.

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[count orlok]

If the "reconstructed" CCA does not have the address that you were living at when the aleged agreement was started, then they have failed in their attempt at sending you a "true copy", and therefore are still in default. I've had this from more than one of my creditors, and am no longer paying them. Other than a letter asking me to tell them what was wrong with the "agreement" so they could amend it, to which I relpied "if you had the correct documents you would not need to ask", they have eventualy capitulated.