? CCA Letter - Help Please

[fruitandbarley]

Hi,
My partners just had a letter from 1st credit saying he owes 8000 odd, now he did have an outstanding debt, and about 5 1/2 years ago last made a payment, he had agreed a small about with them due to low income, but that was the last payment.
Since then, this debt and another disappeared off his credit report.
He has started his own small business which at the moment is making just enough to cover phone and car. But it is going in the right direction.
Until then I am supporting us both in terms of money.
As this was so long ago, and any old company could say you owe them money, I did read somewhere you can request a copy of the original agreement.
Would this be the best thing to do?
If so where can I get a copy of a template letter.
Thanks so much for your help, we feel like we were just starting to get sorted and all this has really upset us.

[DragonMamma]

MSE website is great for things like this. You need to copy one of their templates and send it with a £1 postal order. NOT a cheque as some dodgy companies have been known to forge signatures.

Oh and do not make any payments to them. Not even a 'token' payment.

My guess is that it's coming up to the date that the debt would become statute barred (6 years from date of last payment/written acknowledgment of debt) and certain companies buy these debts for peanuts and try to scare people in to paying.

If you PM me I have a template I used that I can email to you to send off.

They need to have an original signed credit agreement and a few other things before they can enforce the debt and I would bet my last quid that they'll have neither. Even if they did, you could easily sit it out until the 6 year deadline and it then becomes unenforceable.

Don't call them either. DCA's are the spawn of satan. The template I have also covers phone calls and 'doorstep visits'.

Don't worry!

[fruitandbarley]

Oh thank you so much.
I will pm you now.(once I work out how to do it).

[crabbyoldbat]

I've a feeling that the 6 years thing is only applicable if they've had no response from you in the 6 years, or no contact with you, or something.

I agree with DragonMamma - check it out on the moneysavingexpert forums - they usually know best. Don't contact or acknowledge them until you've checked it out.

[mycatlikestwiglets]

As crabby indicates, the time for them claiming the debt runs from the date of the last payment or other acknowledgement of it by your partner. It is important that you don't acknowledge or make any payment now as if you do, time will start to run again. You will need to check very carefully the last date on which your DP can be said to have had anything to do with this debt and calculate 6 years from it - if they don't take action against him by that date, they won't be able to pursue it further as it will become time-barred.

[Collaborate]

I think it will be 6 years from the date of the last payment. He should check his bank records.

[fruitandbarley]

Hi,
We have just been thinking and the installments were actually paid by me as he didn't have a cheque book at the time.
Although it was him that wrote to them to offer installments.
Would this make any difference that it wasn't him that paid them?
Also would sending this letter requesting Cca be counted as acknowledging it?
I am worrying they might take it to court and I thought this letter could postphone that?
Thanks all so much for your help.

[mycatlikestwiglets]

It won't make any difference that you were paying - you were paying on your DP's behalf which is the same as him acknowledging the debt.

I'm not sure what the letter you are intending to send will say, but if all you're doing is asking for proof of the credit agreement and not actually acknowledging the debt exists then it won't start time running again.

[DragonMamma]

The CCA letter clearly says at the top that you do not acknowledge any debt to their company, which covers you.

And it doesn't matter who paid the installments - the 6 years is worked out from the date of last payment or written acknowledgement of the debt.