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Credit Card Debt Advice Required

I had a credit card back in June 2001 and when I moved out and contacted them to give my new address. I ran out of the payment slips and they never contacted me so I forgot about it. I moved twice since and they never wrote to me at any of my new addresses.. I have just got a morgage when I recieved a letter 13th September 2006 from a Cabot Financial stating that they have brought the debt on 02 April 1997. The default date was 19 October 2001 and the default balance £3533.00. They wrote to me requesting £5,539.45 stating they added interest and charges. I have made payments of £20 / month for the frst year and £25 / month for the second year. I have paid back £515 but thay have continued to charge me and I now owe £5924.73.

Can they continue to charge me interest?

I have requested a subject access request and they have not provided me with any details of the charges or interest. I have not signed an agreement with them or they have not provided me with details of any charges or interest that they will apply.

What can I do ?

I can only afford the £25 / month at the moment and I am getting even more in debt.

Comments

  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    First thing I would do is send a CCA request , template letter on National debtline site.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • Definitely ask for a copy of the CCA which you signed. Without that they cannot enforce the debt.

    When did you last make a payment? If the debt defaulted in 2001 it would be statute barred by now, if you hadn't made a payment or acknowledged the debt. But you've done the morally right thing in trying to pay it off (even though they have now added all that interest and charges!) Do you have anything you could offer a full and final settlement with for, say, 30% of the debt outstanding at the moment?
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • MONTY_2
    MONTY_2 Posts: 13 Forumite
    I do not think I signed a Credit Card Agreement with them I only wrote a letter to them. They certainly did not send one for me to sign and return to them I think but will need to check. I will right to them requesting the CCA.

    Thank you for the help I'll keep you posted.

    I have also requested to view the experian information held on me and am awaiting the password.:j
  • Ames
    Ames Posts: 18,459 Forumite
    If you request a cca then there's procedure to follow to do it correctly. You need to send a letter with a £1 postal order, but make sure you don't sign the letter.
    Unless I say otherwise 'you' means the general you not you specifically.
  • MONTY_2
    MONTY_2 Posts: 13 Forumite
    Thank you. Unfortunatly I did a subject access request previously and they have a signature on the letter. I guess they could scan this into a new CCA?
  • I have made payments since December 2006, but incidently I had a credit check done for a job 18 months ago and that debt did not show up? I have also requested a copy of my credit report from experian (On-Line, have to wait for a password.) Unfortuntly I do not have anything to offer as a % of the payment.
  • MONTY_2
    MONTY_2 Posts: 13 Forumite
    I have checked my creditexpert file and this dept is not listed does this mean it has been removed and is a stutory dept??
  • MONTY_2
    MONTY_2 Posts: 13 Forumite
    I have also just checked my Equifax credit file and that does not have it listed either??

    Do I still owe them money?
  • MONTY wrote: »
    I have also just checked my Equifax credit file and that does not have it listed either??

    Do I still owe them money?
    Whether or not you owe them money, I don't know, but Equifax will only hold information about this debt if the creditor/DCA decided to put it on there. If they couldn't be bothered, it won't show up.
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