Sudden Activity from Debt Collectors

[linz17]

I received a letter in January this year from 1st credit, I replied with a request for CCA.

 

They have now after 4 months written & said that M&S have now the original debt back & Ist Credit will not communicate further (I thought these companies buy the debt,then sell on etc)

 

By same post there was a letter from Intrum, again I will ask for an original copy of the credit agreement.

Then a really curt letter from Rostons solicitors, re another small debt.

This letter states that I MAY NOT ask for the original agreement.

 

These debts came about when my husband became so ill that I had to retire from full time employment, he is also in receipt of enhanced PIP.

 

These debts have been sold/re sold resulting in letters from various debt agencies claiming to own the debts.

Is this correct that I can no longer request a CCA?

also please can you advise me if it is only because the debts are into their 6th (or more) year that I have all this activity?

 

Many thanks

Edited May 1, 2018 by dx100uk
spacing

[BankFodder]

It may well be that because they are about to become statute barred – that everybody is getting excited. In terms of the depth which you apparently may not apply for a CCA, it could possibly be because of the type of debt. Tell us about that debt

[AndyOrch]

1st Credit and Intrum are now one and the same.

 

https://www.intrum.co.uk/

 

With regards Restons that sounds like a PAP letter...read here..

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

You can and always be able to request a copy of your agreement...its the law...CCA1974 sections 77/78/79

 

 

Andy

[dx100uk]

your posts are rather confusing because you are mentioning several debts in one post.

 

it might be better separate these debts out in to individual threads in the forum of the name Original Creditor and post everything to do with that debt there.

 

dx

[linz17]

Sorry.

First debt is M&S which after I requested copy of cca has been passed back to M&S from Intrum (it had done the rounds through various agencies.)

 

Second is Next that is the one I have received from Debt Manager Services, with the covering letters from Restons telling me that I cannot apply for a CCA

 

Third is Bank of Scotland from Intrum - which I will request a CCA for.

 

The one that bothers me is the Next debt with letter claiming Pro Action Protocol, as I KNOW there is no CCA

 

All these debts do not total 3k and they are all coming up to the 6 years period??

Many thanks

Edited May 1, 2018 by dx100uk
Spacing

[ericsbrother]

now, a reconstituted contract is fine for things signed online or any format after 2007 so they are wrong regarding something agreed in 2006. you are entitled to see the original.

 

The real question is who owns the debt?

 

If it is still next then you write to them with a CCA request and copy to Restons pointing out that this is pre 2007 so a full signed copy is required to fulfil the requirements of the CCA.

 

As for the BOS, was that a loan or credit card?

 

If it was an overdraft there will be no credit agreement so not under CCA

[linz17]

BOS is a credit card,

Next a store card.

M&S also credit card

am I correct that all require a CCA?

 

The Next card is pre 2006 def. and the letter from Restons refers to Debt Managers Services ltd, who purchased the debt from Next, they include a statement of Account covering 12/4/2017 to present which means nothing as the last payment to next approx 2006.

 

Also they refer to a date of obtaining the account''on or around July 29 1991'' which is a blatant lie, I have old statements showing the card used from 2006 only.

[dx100uk]

Yes all require a CCA

 

Please start a new thread now for the next debt!!

VERY important!!