1st Credit/ Marks and spencer

[davel32]

Hi my wife had a debt with M&s which went into default when i lost my job,

 

it wsa taken over by N C O, 2005-2006

 

we paid for a few years, we split up 2011 and split debts

 

this one got lost somewhere and has not been paid.

 

she has just started receiving letters from 1st credit staying they have bought the debt from M&S and want paying,

 

i have emailed and asked for copys of account and credit agreement and am awaiting them,

 

they say they have to get them from their client,

but surly if they have bought the debt they are the client??

 

There has been no contact between ourselves and M&S for well over 8 years does this mean i can go for statute bared??

 

can anyone help thanks?

[dx100uk]

def yes!

 

check her cra file.

 

dx

[BRIGADIER2JCS]

It's highly unlikely 1st Credit will respond to the e-mail, if you want a copy of the agreement you will need to make a CCA Request under sections 77/78 of the Consumer Credit Act 1974, there is a £! statutory fee to pay,1st have 12 + 2 working days to comply, use the template from the CAG library ifd they don't produce the documents.

Debt is sold in bulk with little detail and without the agreement.

 

If you are sure of the above send the following to the Compliance Manager

 

1st Credit.

 

Ref: use theirs.

 

Sir/madam,

 

I refer to a letter from 1st Credit dated xx xx xxxx regarding an alleged debt originating from an account with M&S please note I do not acknowledge any debt to 1st Credit.

 

Have reviewed my credit history I have concluded that any such alleged debt is statute barred therefore no payment will be made.

 

1st Credit is reminded that if it should dispute the status of the alleged debt the onus of providing unequivocal proof that the debt is not statute barred falls entirely on 1st Credit.

 

1st. Credit will now cease to process all data relating to me/us and remove it from it's records.

 

I aware of the OFT Guidance on Debt Collection and the section regarding the pursuit of Statute Barred debt.

 

Send b recorded delivery.

 

Statute Barred = 6 years no payment or written acknowledgment of the debt.

[davel32]

1st Credit have replyed and have siad they will forward info when they recieve it. This debt has never appeared on my wifes cra file until 1st credit wrote to her now it is ???

[davel32]

sorry meant to start with thanks for your replys

[BRIGADIER2JCS]

What actually shows on your wifes credit file eg the dafault date.

[davel32]

that i dont know will have to check with her

[davel32]

Sorry got my info wrong, this debt still does not show on her credit file!

[BRIGADIER2JCS]

Default date Dave??

[dx100uk]

no show

bet you'll get a discount letter next.

 

they wont have the CCA either

 

dx

[davel32]

original default will have been 2004-2005. They have already sent discount letter!!

[dx100uk]

then its dropped off on the defaults 6th birthday

 

so most prob sb'd by a longshot.

 

dx

[BRIGADIER2JCS]

Any ideas on last payment date?