Should I continue to pay them in the meantime...? they're starting to send me some slightly threatening letters...

So what should I say to them...? I guess I'm hoping that they no longer have a copy of the agreement I signed to begin with...?

What regulations may they not have complied with..? I'm unsure what could make this type of debt unenforceable..?

What is the benefit of completing a cc request..? Surely they will have no probs showing that the debt is enforceable... I have kept on there good side by deferring since 2005...

I didn't think student loans were able to become statute barred..? I am about to start paying a 1997 loan back after ages of deferring.. What's this that Cerberus says about them being unenforceable...?

You really think we should leave it alone completely... Not contact them at all and just forget about it....? What about the payments we are still making to the bank where the debt is from...? The bank has refused to deal with us as they say that the debt has been passed on... Does this make any difference to the ability of any dca from collecting the debt...? Thanks again for all your help...

Aic

Thanks for all the advice guys.. and it's good to hear that other people are in a similar boat taomina... Anyway, we have a recently find out some new news that may have an effect on things... My sister in the Uk had a 5 pound a month direct debit paying into the account (to keep the account alive - we we're told over the phone years ago that this would keep people off our backs). Anyway, it turns out that the payments are still being taken by the bank, even thought the bank says that the account has been passed to the dca... Obviously the sum that the dca is asking for wouldn't be taking these payments into account.. Would this mean that I should put the debt into dispute.? I'm also wondering if we should have my sister continue making the payments to the bank (even though we apparently have no debt with them..?) for the meantime at least.?

Sorry for my ignorance, but how do I move to the overseas forum..?

Hi folks, I am a New Zealander who spent 3 years living in the UK until about 5 and a half years ago. I do have a UK passport, but now live back in New Zealand. Whilst in the UK I had an overdraft with a major high street bank and this increased up to over 2000GBP. When I moved to back to NZ I became a student and haven't had too much money around since. However, in order to keep the bank a little happy I organised for a family member in the UK to make regular payments of 5 GBP a month to keep the account "alive" (as advised by a member of bank staff ages ago). Last year a family member offered to help me clear up the debt. They gave me some money and advised that I offer them a full and final settlement at around 50% of the value of the overdraft. This offer to the bank was made in writing. A month later I recieved a letter from the bank saying that they were considering our offer, and shortly after that another letter arrived saying that the account had now been passed to a DCA. Shortly after this we recieved what seems to be the usual threatening "pay in full now or we'll take court action", followed shortly after by an offer to accept our offer of 1800 GBP (which we never made) as long as it was recieved within a certain time. Anyway, after reading through the threads on this site, I decided not to deal with the DCA at all, (as from all accounts they're really unscrupulous). So I left it at that and decided to see what would happen. 5 months later and I have now recieved another letter, this time telling me that they are "preparing the above account for transfer to our legal representatives in your country". From all this I am left with the following questions: 1. Can a bank just pass my account to a DCA with no warning or deadlines? (I believe they are still taking 5 GBP a month from my relatives bank account in the UK) 2. I am aware that although the DCA in the UK cannot CCJ me as I am no longer a UK resident; however, I am aware that they can pass the debt to a DCA in NZ. If they do this can my NZ credit rating (which is good) be harmed? 3. Can an NZ court enforce a UK debt where no CCJ has been given in the UK? 4. If the UK DCA successfully pass the debt to a NZ DCA, what would be the absolute worst that could happen..? What could I do to prevent my credit rating being damaged? 5. Should I get in touch with the UK DCA..? I am contemplating sending them a "prove it" letter as I have never recieved any proof that these guys have any authority to collect any money from me. They just keep quoting my old account numbers, etc. Sorry for the long post, but I'm just wanting to sort this out asap and save myself and my partner any more stress related to these buggers.. Thanks again guys, you're all legends and once this is sorted a donation is assured!

Should I send the CCA request to the DCA or the bank who provided the overdraft...? Should I perhaps send a subject access request as well..? If so who should this be sent to..? Thanks again for your help guys...

But I have read other threads where a cca request has been made by people in similar situations (with overdrafts). Why is a cca no use for an overdraft..? Why would I send a subject access....? Would I send this to the bank or AIC..? What would my next step be..? Thanks for the response..

Hey folks... Recently a family member offered to help me out of debt by paying creditors a portion of the debt. 2 of these creditors have accepted these conditions and have been paid. However, I have an old overdraft that AIC are now trying to collect much the same as they seem to be with many other people. This stemmed from me sending an offer to settle the overdraft with a full and final settlement. This offer was sent directly to the bank prior to hearing anything from AIC. The bank will no longer speak to me about it as they say it has now been "transferred" to AIC. AIC want the entire debt paid back immediately. From reading the posts on this site it would seem that they don't have the right to do this. I cannot afford this anyway. Although the debt is from an old account, regular (although small) payments have been made into it, so I didn't expect to have been passed on to a collection agency. It all seems a little extreme really... So what's my next step...? From reading other threads it would seem that sending them a CCA request would be the first step.. If I do this and they send it back within the time limit, what is my next step..? Cheers, Geezar69