Help- Vilcollections - Can I ask for CCA for a bank account?

[SF2010]

Hi All

 

I have been paying a debt of £411 at £1 per month since around 2006. I actually cant even remember what it is for anymore, but I think its a bank account.

 

I have just had a legal success with a claim for nearly £9,000 from Link Financial as the claim has been stayed as they couldnt come up with the required documents to proceed, though they treid to convince me that they had it.

 

This has spurred me on to put 2 other debts to bed once and for all. I think this DCA bought this debt back in 2006, but I really dont know what debt they bought! I know it sounds stupid and I really am dumb to have been giving them a £1 each month without seeing what this is for. None of their letters I have state who the Original Creditor is.

 

Do I just stop paying them and wait for them to pursue me, not my personal preference, or demand information from them about this debt with a CPR31.14? It is likely that a lot of this is actually charges if it is for an old bank account. I dont know if you can still reclaim old charges. Having had a 13 year debt resurface, I dont want to face this upset again. I would like all demons slaughtered once and for all. (Fighting talk, thanks to all you Caggers!)

 

Any advice would be welcome as Im dealing with my letters today.

 

Regards

 

SF

[MONX]

Hi

 

In my humble opinion, I would send a SAR request to the OC. This way you will know what the debt is made up from and if any of it can be disputed (unfair charges etc).

 

Once armed with the information you can then consider your next move.

[SF2010]

Hi Monx

 

Thanks for the advice, however, I dont know who the OC is. I havent a clue, so I really do need to start with Vil, but is a bank account a credit agreement? I dont know if a CPR31.14 is appropriate for bank accounts.

 

Any advice is welcomed.

 

SF

[Bazooka Boo]

Having had a 13 year debt resurface, I dont want to face this upset again

 

Please tell me you didn't pay anything toward this??

 

Hmm tricky tricky tricky, you could just stop paying them and wait for them to correspond then say you have no knowledge of this debt asking them to prove it, and hopefully they will tell you what it is for.

 

Or, simply write to them, and ask them what the debt is in relation to, and who was the original creditor/owner and state that if you don't get a response with a reasonable explanation within 7, 10 or 14 days? you will stop all future payments to them.

 

If it is a bank account, and it is mainly charges that this debt is made up of, then of course you can still claim back the charges this will then be used to offset the debt and could even end up with the bank owing you money!

[SF2010]

Bazooker

 

Sorry I know it sounds so dumb now, I could kick myself, but I wasnt at all clued up, debt is a real demon which scares people to death. As I dont even know who the OC is, im sending a CCA and let them tell me otherwise. There is no account details on their letters and no notice of who the OC is. What a thing to notice 4 years later? (Its ok Bazooker, I am slapping myself as I type!!)

 

SF

[Bazooka Boo]

It's OK SF, don't slap yourself too hard...

What I mean is, IF this 13 year old debt suddenly turned up out of the blue and you then began paying it. IT IS DEFINITELY STATUTE BARRED and you can STOP paying any money toward it.

 

Debts only have a 'shelf life' of 6 years OR '5' in Scotland, it does not mean the debt doesn't exist, it just means that they cannot take you to court OR take any legal action against you to recover the money.

]

If you send them a CCA don't forget to enclose a £1 postal order, just leave it blank let them fill it in, please send it via recorded delifvery else they will deny ever receiving it.

[SF2010]

Hi Bazooker

 

Thanks for the advice. I did sent the CCA off and sent recorded delivery yesterday. I reckon I wont hear another word from them actually as the amount is so small, and I havent heard anything from them in a couple of years anyway, so they probably gave up ages ago. I will see what happens now.

 

Still, if they dont respond, I can preserve my energy for my last 13 year old debt, which is currently being collected by Robinson Way & Co. I've SAR'd Halifax already and sent CCA to Robbers Way as Caggers call it. Im praying that they dont have all of the neccessary information, but Im stiill not leaving anything to chance. Ive never enjoyed the freedom of putting my past mistakes behind me and I have paid dearly in many other ways with high interest mortgages etc over several years, so Im fighting back now! Especially as credit for that basic essential is so hard to come by now.

 

Thanks again!

[sisgen10]

Please tell me you didn't pay anything toward this??

 

Hmm tricky tricky tricky, you could just stop paying them and wait for them to correspond then say you have no knowledge of this debt asking them to prove it, and hopefully they will tell you what it is for.

 

Or, simply write to them, and ask them what the debt is in relation to, and who was the original creditor/owner and state that if you don't get a response with a reasonable explanation within 7, 10 or 14 days? you will stop all future payments to them.

 

If it is a bank account, and it is mainly charges that this debt is made up of, then of course you can still claim back the charges this will then be used to offset the debt and could even end up with the bank owing you money!

 

 

 

Are you sure bank charges can still be reclaimed BB? I thought the case last November virtually put a stop to reclaiming bank charges.

[harrassed senior]

I believe it made it more difficult but it can still be done. There will be a link somewhere will have a search and get back to you

[harrassed senior]

Have a look here: http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates

[Bazooka Boo]

I can preserve my energy for my last 13 year old debt, which is currently being collected by Robinson Way & Co.

 

This is what is worrying me, you say it is 13 years old, and suddenly came out of nowhere, but if there was a period of no payment or you not acknowledging this debt, for 6 years (5 in Scotland) then it is Staute Barred and you do not need to worry about it or pay anything toward it.

[SF2010]

Thank you Harrassed Senior and Bazooka

 

Im sorry if I am confusing things. I have been making £1 payments to 'Robbers Way' for many years, but I dont know when I actually started doing that. I think it may have been in 2006. This debt with Vilcollections, I have no recollection of what it is for, but have been giving them a £1 payment each month too. I am now tackling each of them seperately, I have CCA'd both and sent SAR to Halifax for information in relation to the debt being collected by 'Robbers Way'. As I have been making payments, its probably not statute barred as you advised, so I am tackling this from the point of view of do they have all of the information which would enable me to see if the debt is enforceable, a valid default notice, termination notice, details of payments made for duration of account and information on any charges they have applied to the account. I am (maybe wrongly) taking the stance that if they dont have all of these things, I intend to challenge them and advise the debt is unenforceable. If they do, then I will work on getting money together for a F&F.

 

Am I doing this right folkes?

 

SF

[Bazooka Boo]

It is confusing SF, so take some time, if you have any, to read around some of the forums, this will give you a massive heads up as to how corrupt and rotten to the core this industry really is!

 

OK, In a nutshell a Debt is a Debt, it won't die or dissapear, BUT their are a number of ways in which you are 'legally' able to question the enforceability of any such debt, and whether you are legally obliged to pay it..

 

The first and extremely simple way is if the debt is statute barred inder the limitations act, 6 years in England, Wales, NI, 5 years in Scotland, meaning that if you have neither paid anything toward this debt, notr acknow;edged it (in writing) then the dbet simply does not exist, even taking out a two page spread in the broad sheets admitting that you owe Barclay 15 Million Poumds, WILL NOT un bar the debt.

 

IF they can show that there has been a financial rel;ationsip between you and them,AND they have NO legal documentation to prove so, ie. NO Credit agreement, and just really crap house keeping, then, it would be in your favour to offer them a F&F offer of Payment, to rectify your credit file, mark it as satisfied, and not pass on or sell your outstanding balance of the debt, and we all go home happy!

[SF2010]

Thanks Bazooker

 

I am very grateful for the advice. What I will say is that these debts definetly do not show on my credit file anymore as they were registered over 6 years ago and has dropped off. In this circumstance if they do have crap housekeeping, I dont know if I should go down a F&F route, as there is nothing to gain from giving them money. If they do have enforceable documentation then I will of course try to offer them one. I have been advised that they cannot re-register this debt.

[Bazooka Boo]

Yes correct they cannot re-register this debt, but some do try! And pay the consequences for doing so in damages.

[SF2010]

Thanks Bazooker!

 

Just going to read up on here a little then and keep my fingers crossed while I wait for the info to arrive.

 

SF2010

[SF2010]

Hi All

 

Just an update. I have had no response at all from Vil as suspected and I have therefore sent them an account in dispute letter by recorded deliver and dont expect to hear anything from them again. Equally, they wont be receiving my £1 either. So hopefully, all being well, case closed!

 

SF2010

[Bazooka Boo]

Good, as long as you dispute the account, you can 'legally' withhold payment from them.

[SF2010]

Thanks Bazooker!

 

Couldnt have done it without you Caggers!

 

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