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Help with old loan and dca


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I have an old loan which was taken out in 1997. The balance is still about 10k. it was originally taken out with barclays but now its with a dca. Ive contacted the dca who said i was to contact barclays for the cca

 

I contacted barclays and recieved a letter today stating that they do not have a credit agreement for this loan.

 

I know now that this makes this debt unenforceable but what about the dca. Should i contact them and let them know there no cca.

 

The 12 days were up yesterday for the cca request to barclays but obviously there letters arrived today. I dont know whether i should still give them another 30 days or as ive had a reply saying they dont have a cca should i send the letter from the templates library now stating its unenforceable.

 

any suggestions welcome

 

karen

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Hello karen,

 

 

Has this debt actually been sold to the DCA, or are they trying to collect on Barclays behalf?

 

 

When did you last make a payment? Have you acknowledged the debt in writing?

 

 

Jeff.

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You certainly don't need to wait another 30 days. You've had a reply. If Barclays don't have it the DCA sure as hell don't, especially as their the ones who told you to go back to Barclays in the first place! Knowing what DCA's are like though you may have to go through all the motions to get rid of them. I would send them a copy of the letter from Barclays and tell them to go away and then see what happens.

What sort of world do you want your kids to grow up in?

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Hi Karen

 

This is just my personal opinion of what I would do - I'm not legally qualified and only going off my own personal and ongoing experience with these idiot DCAs :razz:

 

I would now do nothing at all - I would not bother contacting the DCA and making things easier for them, as you have it in writing from Barclays that there is no agreement which is fantastic news for you :)

 

Keep that letter safe somewhere so you can refer to it later.

 

If and when the DCA contacts you, you can then photocopy it and send it to them as a nice little surprise!

 

I'm not sure if there's now a possibility of getting any entries on your credit file removed relating to this - but I am unsure in that area Karen so I will leave it to other members to comment on that.

 

Best wishes

Spiritgirl ;)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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I'm not sure if there's now a possibility of getting any entries on your credit file removed relating to this

You would do this under section 10 of The Data Protection Act. Without a copy of the agreement they have no legal document giving your consent to process your info.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Jeff, renogotiation, spiritgirl and rory. I presume the dca will contact me anyway as i sent a cca to them also but heard nothing yet. I think i will take on board what you said spiritgirl and sit tight.

Im certain it wont be long before the dca contact me anyway. Usually get at least one letter a week.

Thank you all so so much for your suggestions its really helped me.

 

karen

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And when they do reply send something like this

 

Dear Sir/Madam

Ref;

I enclose a copy of the letter that I sent to your client on 21st August 2006, and their response dated xx/xx/xx. As you will be aware this debt is in dispute and unproven, your client is in default on this matter and until they reply with copies of the requested documentation, this debt is unenforceable.

I therefore suggest that you liase with your clients before you send me any further demands for money.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Surely if the debt was from 1997 it has already come off your credit report?

 

My understanding is that any debt will come off your credit report six years after

 

the date of default (or)

 

the date of the debt being written off (or)

 

the date of settlement

 

whichever comes first.

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The loan was taken out in 1997. The loan has not been written off or settled. They could enter a default on Karen's credit file today and it would be on it until 2013 if it was not contested.

 

Fortunately she is now becoming aware of her rights and any default without a copy of the credit agreement would be in breach of both The Consumer Credit Act (as there is no agreement to breach) and The Data Protection Act (as they have no document showing her consent to process her data).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hiya thanks rory. I have nothing at all showing on my credit reports yet but as its been transferred to a dca i presume there could be one at anytime. Do you think i should send anything to the dca to let them know theres no credit agreement or leave it till they contact me?

thanks

 

karen

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I'd just leave it until they contact you and then send the letter gizmo suggested. I don't like wasting stamps on them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Perhaps I didn't explain myself properly.

 

Do you know if it was registered as defaulted anytime in the past on your credit report? If it was and has now been removed because the 6 years are up they connot register it again as long as no CCJ was issued for that particular debt. Also if you have not admitted the debt in the last six years it is now statute barred under the limitations act 1980, again as long as no CCj was issued.

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Hiya Jay

I do not know if it was ever registered with the credit ref agencies as the first copy of my credit report is the one ive just receieved after finding this site.

I have also made payments in the last six years so its not a statute barred debt unfortunately.

thanks anyway

 

karen

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