CCA Request Timeline & Removal of Default

[spurious]

I'm being chased for a debt of just over £5,000 that goes back to 2003, and that I dispute. Having not heard anything for years (I was living overseas and must have just dropped off the system here) I got what looks like a generic 'notification of court action' threat letter last week from Mackenzie Hall.

 

I dutifully responded with a request for all original paperwork and agreements under the CCA and sent a postal order for £1, recorded delivery. I'm assuming they won't manage to provide this information and will become default under the act.

 

My question is: how should I proceed when this happens? Do I send them a letter telling them that they have now defaulted and cannot legally enforce this debt, or should I just leave it for fear that pushing them too hard will motivate them to get the paperwork?

 

Also, is there anything I can do about anything that's been put on my credit file? If they cannot provide the information, surely I can petition for the listing to be removed.

 

My intention, rather then spend time and energy fighting this, is to wait another 18 months and have the matter statute barred. In the meantime, what action can I take without acknowledging the debt?

 

Thanks for your help

[kennyparkroad]

once they have recieved the CCA request, they know the law, you dont have to remind them, if they default (12 working days after reciept) and dont send you your paperwork, then they cannot legally chase for payment until they have satisfied your request.

 

since youve already cca'd them sit back, if they threaten you, just keep a note of everything.

 

DONT DEAL WITH THEM ON THE PHONE and dont do a thing, youve sent the CCA, its up to them to prove you owe the debt, not you to prove you dont.

 

If they come back and say they dont have any paperwork then you can get them to remove all bad entries on your credit file.

 

you can put at the top of the CCA

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

this means you dont acknowledge it but you can still take steps to getting rid of it!

 

Kenny

[PriorityOne]

I'm being chased for a debt of just over £5,000 that goes back to 2003, and that I dispute. Having not heard anything for years (I was living overseas and must have just dropped off the system here) I got what looks like a generic 'notification of court action' threat letter last week from Mackenzie Hall.

 

I dutifully responded with a request for all original paperwork and agreements under the CCA and sent a postal order for £1, recorded delivery. I'm assuming they won't manage to provide this information and will become default under the act.

 

My question is: how should I proceed when this happens? Do I send them a letter telling them that they have now defaulted and cannot legally enforce this debt, or should I just leave it for fear that pushing them too hard will motivate them to get the paperwork?

 

If they default on your request (12 working days from rec. delivery receipt), then there is no need for you to write and tell them anything. It is up to them to realise their obligations under CCA Law... not up to you to remind them.

 

Also, is there anything I can do about anything that's been put on my credit file? If they cannot provide the information, surely I can petition for the listing to be removed.

 

Do you know there is anything on your credit file ? The easiest way to find out exactly what's on there, who has placed it there and when, is to request a copy from all 3 credit ref. agencies.... Experian, Equifax and Call Credit. £2 for each one.

 

My intention, rather then spend time and energy fighting this, is to wait another 18 months and have the matter statute barred. In the meantime, what action can I take without acknowledging the debt?

 

Did you put the words "I do not not acknowledge any debt to your company" at the beginning of your CCA request ? If not and they do manage to come up with an Agreement.... then the debt will not be ststute-barred in 18 months. Wait and see what they come up with before you start to worry about this. In the meantime, send off for your credit files.

 

Thanks for your help

 

[spurious]

Thanks guys. Yes, I did make it clear I was not acknowledging any debt at all, and wrote 'WITHOUT PREJUDICE' so the letter won't count for anything in court.

 

I'm currently in the process of obtaining all my credit files, and I'll report back if anything's on there.

[PriorityOne]

Lets's hope that they don't come up with anything. In future, leave "without prejuduce" off a CCA request because if they did try and take you to court, you cannot show this to prove that you've made one.