**DISCONTINUED!!** Forgotten debt

[oddball]

Hi, Need help with a CC debt which I defaulted on in 2003 due to being unemployed and it's raised it's head. Apparently in 2011 I made a couple of very small payments £1 month to a debt collector the last being in June 2011. When making this arrangement I know I would have written with "Without Prejudice" on the letter and explained that they were being made as some form of goodwill gesture whilst I sort out what the debts were for. I cannot find a copy of this letter anywhere and I do not know why I stopped paying them (can't remember). June 2016 they sent me a lot of statements from 2006 to date, and these payments are showing up that I paid the DC.

Any idea where I stand on this? Can I ask them to provide a copy of my letter to the DC and if so will the WP words have any effect?

Thanks for any help you can provide.

[MIKE770]

Re: Forgotten debt

the statement will show the payment of £1.00 in June so not statute barred, the rule is no contact/acknowledgment whatsoever basically - so not statute barred,

give us more info claimant/DCA what for / too out when? have you an agreement still?

[oddball]

Re: Forgotten debt

Claimant is Cabot
What is a DCA - debt collector? Clarity
credit card - no agreement

- - - Updated - - -

Actually I never had an agreement with Halifax as it was a credit card that they took over/bought out or something

[MIKE770]

Re: Forgotten debt

debt collection agency sounds like Cabot bought this debt,

if Halifax bought then who did you have a credit card with prior to them purchasing? as when they sell/buy debt the rights to the proceeds of the alledged debt transfers to them icl the CCA1974 agreement content?


we need full details from you as to ant request for agreement etc etc etc default dates etc? not thing is straight forward! need to find out have you requested at any time a CCA1974 request to Halifax or originator of the credit card, if so when, if not send request with £1.00 postal order with for statuary purposes only written on the back, then we can see if it is enforceable/unenforceable etc. for starters coy to Cabot stating the CCA1974 request has been made, that should stop them i their tracks or delay any court action although they could go ahead but would have to stop in the process whilst the CCA1974 issue is out standing, other will respond also!

[oddball]

Re: Forgotten debt

Clarity

[MIKE770]

Re: Forgotten debt

CCA Request OK get onto them and make the request for starters.

- - - Updated - - -

The statement they sent is a requirement these days they are suppose to send annually. In fact some DCAs are only just catching on they have failed to in the last couple of years - especially Capquest

[oddball]

Re: Forgotten debt

Thanks for your quick reply. I really cannot remember the name of the cc company something American I think. I am going to have to dig through some old paperwork and see if I can come up with what your asking for. I was really hoping the letter I sent to Clarity with those words on would not commit me. But I will look for those documents, it's gonna take some time though.

[MIKE770]

Re: Forgotten debt

Get onto Cabot for the full details they hold on this ALLEGED debt, in fact in this case I would send then the CCA1974 request, with the £1.00 Postal order stating for statuary purposes only Recorded Delivery 1st class, then keep copy of everything sent/received in a file by date from now on. That should produce some reaction and detail?? try it I would

Note:- they would have 12 + 2 days to respond - failure would mean they could go ahead with court procedures but as the CCA1974 is prior to 2007 then they would have to produce a copy of the original etc.

[MIKE770]

Re: Forgotten debt

was this a Creation original debt??

[oddball]

Re: Forgotten debt

was this a Creation original debt??

Hi, think the name of the original lender was Bank One credit card. I have my old Halifax card start date was 2002........... lol

[oddball]

Re: Forgotten debt

Creation??

[MIKE770]

Re: Forgotten debt

Creation Everyday Credit Card
probably not then

[oddball]

Re: Forgotten debt

Hi, I'm sending them the CCA request as you suggested, but I've found lots of paperwork and notice that Clarity never once mentioned what I was paying them for, they only mentioned the account number and amount. Which explains why I sent them the letter I mentioned (first in thread) offering payment but had no idea what I was paying it for. Also, 1st April 2011 Clarity sent me a letter regarding the repayment plan but on 17 May wrote to me saying agreement has not been maintained, on 6th June they wrote saying an Agreement has not been reached.
Another thing I noticed, on the Claim Form it states "an Agreement between Halifax and me on or around 19/01/1999".

[MIKE770]

Re: Forgotten debt

then ask Halifax for copy of the alledged agreement as well then , see what the response is???


you have not had a solicitors letter yet threatening court action????????

[oddball]

Re: Forgotten debt

then ask Halifax for copy of the alledged agreement as well then , see what the response is???


you have not had a solicitors letter yet threatening court action????????

I have a CC claim which I have acknowledged etc. But not found anything from their solicitor advising court action.