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  • #1

    1st Credit

    Hi everyone,


    Its been a while but have an issue that needs your knowledgeable help please

    In 2011 a debt collecting agency 1st credit sent a letter asking my husband to contact them, this was to do with a car loan that my husband had on a car and thought at the time he had it the insurance he had had paid the loan off as it was written off. Anyway turns out that the insurance had not paid this off. On 22/1/2011 they sent a letter to an address we lived at and we ended up requesting the cca but however NO payment has been made since 2/11/2005. Because we requested the cca docs which we received including a statement. This morning we received another letter at our new address from the same debt collectors am I right in thinking because of the request of the documents we can not claim statue barr and we should probably make an offer to them ? It wont be a lot as hubby off sick now and tbh because they never pestered us again we forgot about it last time.

    Thanks
    Sarah
    Tags: 1st, 1st credit, act, action, address, agency, car, cca, cca request, claim, claims, collectors, con, credit, debt, debt collectors, debts, documents, duff, finance, gold, help, information, insurance, letter, loan, loss, nice, paid, pay, payments, policy, premium, safe, sick, statue barred
  • #2
    Re: 1st Credit

    requesting a copy of your agreement doesn't affect the limitation period- the clock keeps ticking. It looks like the insurers have paid the value of the car to the loan company which leaves the cost of credit (sort of the profit for the loan company over and above the value of the car) still outstanding. Did you have a policy for the shortfall with the loan agreement. I think that it may be called "Gap" insurance or something similar.

    Comment

    • #3
      Re: 1st Credit

      Hi Sarah,
      To my knowledge, insurance claims will pay the insurer directly. So in the event of a total loss, they will make an offer and send a cheque/BACS the person paying the insurance premium. Are you saying they paid the finance company directly?

      Regards,
      SA Gold
      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: 1st Credit

        to be honest I am unsure as to that whole situation it was before I met my husband, he has a statement with a loan amount on it for hp for a car. The car was written off and he has assumed rightly or wrongly that the amount was paid off due to the car being written off. He has never paid a penny toward this loan amount since I have been with him and we have been together since 2006. Last payment of any kind was in 2005 so 9yrs ago.
        I found the statue barred letter but just wondered because we requested and received the CCA does this reset the statue barred time.

        Comment

        • #5
          Re: 1st Credit

          Hi Sarah,
          I don't believe requesting the CCA resets the SB clock. I am sure others will be along to advise further on this although i would suggest not getting in to any conversations with these people or payments of any type.
          I've got my fingers crossed this is long gone for you

          Regards,
          SA Gold
          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: 1st Credit

            The only thing that will reset the SB clock will be if you acknowledged the debt in writing (and a CCA request shouldn't do that it is simply a request for information), or a payment had been made within the limitation period. Once a debt is then SB then even if a payment is made after the limitation period it is still SB. It does not reset the clock.

            Send them the SB letter and tell them to go forth and multiply.

            Best
            SnV
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: 1st Credit

              Originally posted by SaltnVinegar View Post
              The only thing that will reset the SB clock will be if you acknowledged the debt in writing (and a CCA request shouldn't do that it is simply a request for information), or a payment had been made within the limitation period. Once a debt is then SB then even if a payment is made after the limitation period it is still SB. It does not reset the clock.

              Send them the SB letter and tell them to go forth and multiply.

              Best
              SnV

              Good news there Sarah! Nice one!
              When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: 1st Credit

                brill thanks everyone we have never offered payment, so will send statue barred letter and see what happens :-)

                Comment

                • #9
                  Re: 1st Credit

                  If they get arsey let me know
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    Re: 1st Credit

                    Hi everyone we have had a fantastic result today, we have had the golden letter confirming it is statue Barr and no further action will be taken. Another great result !

                    Thanks guys for all your help x

                    Comment

                    • #11
                      Re: 1st Credit

                      Nice one....

                      Keep that letter safe....
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: 1st Credit

                        another brilliant result Sarah, well done to you and Nid
                        "If wishes were horses, beggars would ride"

                        Comment

                        • #13
                          Re: 1st Credit

                          Originally posted by Deepie View Post

                          Keep that letter safe....
                          I agree with the above.
                          Photocopy it. Scan it. Draw a copy of it and then memorize its contents. Then put it under lock and key and swallow the key. It might save you a lot of hassle later if you can produce that letter because sometimes duff debts get sold on. Keeping the letter safe and accessible is the best thing to do.

                          Comment

                          • #14
                            Re: 1st Credit

                            Great result Sarah
                            Let your smile change the world but don't let the world change your smile

                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

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