Response to CCA request... what next?

[lala27]

I was contacted 6 months ago about an old credit card debt which I defaulted on in 2005 - by solictors acting on behalf of the creditor...I agreed a repayment plan to keep them off my back which I can barely afford. Anyway realised that even paying off £50 a month is not covering the interest far less the balance, i got some much needed advice and sent them a CCA request asking for original agreement and full statement of account.

 

They've provided the original signed agreement well within the 12 day timescale, however have given a very basic account statement of original balance, how much interest has been added and the final balance. These are not original statements from my original creditor that show my last payments, etc or when I defaulted. Do they have to provide these under CCA request? Or have they fulfilled my requests?

 

This debt may be statute barred (I live in Scotland )- I really need the info on when I made my last payments to original creditor to verify this. Does anyone have any advice on what my next course of action should be? I will never pay this debt back - what I can afford is £10 less than the interest they add on every month.

 

Any advice appreciated!

[stormski]

Hi,

 

Whooa....Hold your horses...agree to nothing at the moment...

 

If it was statute barred when you agreed ( or it was on the phone ) then they can't do anything.

 

I'm sure you'll get a lot of help here...Do not pay a penny...until advised otherwise by more experienced people here.

 

Regards,

Stormski

[cerberusalert]

This debt may be statute barred (I live in Scotland )- I really need the info on when I made my last payments to original creditor to verify this. Does anyone have any advice on what my next course of action should be? I will never pay this debt back - what I can afford is £10 less than the interest they add on every month.

You need to send a SAR to the original creditor to get copies of all your statements. If there is a five year period where you made no payment or written acknowledgement it will be Statute Barred.

[lala27]

It wasnt when they initially called me - but I then ignored their etters for a month or so, and think might have been SB by the time i sent my income/ expenditure form back to them (I take it that counts as a written acknowledgement) I have no idea how to respond to their letter to me - should I send £1 again and ask for older statements, or does that need to be SAR request? or should I just fire off the Statute Barred letter in hope that it is?

[lala27]

thanks just saw reply after I wrote mine. sorry for all the questions... but if i send SAR request do I need to keep paying them or not because the accounts in dispute?

[cerberusalert]

When you send a SAR they have 40 days from receipt to provide the information.

 

If there was a clear period of five years prior to you making a payment it will be Statute barred & any payment made after that will not affect the SB status.

 

As for you continuing to make payment, I'm afraid I can't advise because that's a decision you must make yourself. I suppose you could challenge them on the statement of account they've provided.

[lala27]

thanks think I will send the SAR next week - And yet another question I have after reading another similar post - What they have provided following CCA request is a copy of my original credit card application. Is this the credit agreement or should I have signed something else?

[cerberusalert]

They should have provided a copy of the CCA, the T&Cs at the time and the most recent T&Cs.