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help/advice credit card unenforceable agreement?

decided i need help.
Basically, to keep it short as poss, i have an outstanding (alleged?) credit card debt. I have not had an actual card for at least 6 years now, so my last purchase on this was around that time.
For years i have kept up payments with what i could afford, i am on benefits due to health problems, sometimes paying over the minimum payment when i could afford to.
I have defaulted in the past, before my wife found work, and had various arrangements, even asking them nicely could they reduce the debt, to no avail! I find them (co-op b*nk btw) very rude and UNC-operative to deal with over the phone, to the point of feeling quite ill.
(i knew this wouldn't be short!)
Anyway, the upshot is, i still (allegedly) owe a sum in excess of £2,000!
I guess i must have paid them thousands in repayments over the years since my last use of this credit facility, probably paying back the original sum(s) twice over!

Thats the outline of my situation, my questions are thus:
1/ Should i request a copy of the cca i should have signed with them?
If so how to word this? Should i recall my intentions for requesting this?
2/ Should i carry on paying them their minimum payments?
3/ Can i expect trouble with bailiffs/courts etc.. (i really could do without this with my health probs)
4/ Is it possible at any time, by defaulting? to prevent them handing the alleged debt over to an agency etc?

The VISA account itself originally commenced around 17 years ago or so.

I'd be most gratefull for any help/advice from anyone.

thx so much

D

Comments

  • RAS
    RAS Posts: 36,071 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    I suspect you starting point is to reclaim your credit card charges, see here http://www.moneysavingexpert.com/reclaim/credit-card-charges.

    Because you have been paying the debt is not statute barred
    If you've have not made a mistake, you've made nothing
  • thx for that.
    Can you elaborate on statute barred, please.


    I am struggling to pay this debt.

    D
  • Although it is a struggle to pay this debt, i still try and manage somehow.
    However, like many other people, with rising costs, i fear that, soon i wont be able to?
    I also fear that paying the minimum (all i can stretch to) will take me years to pay it off, seems hardly fair when the creditors, over the many years i've been paying, have been more than amply repayed by my reckoning.

    cheers peeps


    D
  • Hi Wellpastit,

    There's a rule that if you haven't acknowledged the debt (made any payments) for 6 years then it becomes unenforeceable, but as you are making payments this does not applyin your situation.

    I'd suggest you make an appointment to see a debt specialist at your local Citizen's advice bureau, or call CCCS or National Debt Helpline (see Non-profit Debt Counsellors' List link at the top of this page) - their advice is free and unbiassed, and they will help you move forward.

    Best of luck


    Rabbit
    "Proud to be dealing with my debts" :doh:
    DMP Mutual Support Thread member 232:D
    LBM July 2008 53k:eek: DMP with CCCS - start Oct08 DFD Sep 2014 - or sooner!!;)
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