Closed File Reopened

ocraz49

I received a letter (after requesting a SAR) saying after liaising with the CC company in an effort to obtain the original cca, we have been advised that it is no longer available due to the length of time since the account was opened with you.
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future.

Yes I was very happy with this letter which I received in November 2009.
However yesterday I received another letter informing me that the original CCA had been located and they now look forward to arranging payments with me.

Can anyone tell me if there is anywhere I can go with this or anything I can do or can they seek payment now. Is there any way round this? The account was from early 2003.

Orford

However yesterday I received another letter informing me that the original CCA had been located and they now look forward to arranging payments with me.

Have they sent you a copy? If not write and ask for one (not that you disbelieve them,of course)

ocraz49

Orford wrote: »

Have they sent you a copy? If not write and ask for one (not that you disbelieve them,of course)

The strange thing is that the SAR was to the Credit company and they sent a copy of the Agreement along with the statements, very bad copy, but the Debt collectors are the ones that said they could not obtain it from the C Company and it is them that are saying it has been located now. I will write and ask for a copy, but are there any ways round the situation?

dunstonh

The outcome of six test cases regarding whether a debt is enforceable without the agreement being able to be supplied took place over christmas that all ruled in favour of the lenders. If they cant find the original agreement then they can recreate one as long as its personalised and uses the correct data.

I would not be surprised if the letter you have just received as linked with that ability to recreate one.

ocraz49

So should I just hang on as Martin advises on his opening page. Or do you think there is no way out now?

ocraz49

Hi Dunstonh
My account is from early 2003, 7 years ago. On reading some of the comments on the forum, I wondered if there was any truth in the comments that say they do not usually chase after 6 years. As they have reopened this case, is it worth my applying for my charges and PPI Refunds. This is a credit card account.

ocraz49

Orford wrote: »

Have they sent you a copy? If not write and ask for one (not that you disbelieve them,of course)

My account is from early 2003, 7 years ago. On reading some of the comments on the forum, I wondered if there was any truth in the comments that say they do not usually chase after 6 years. As they have reopened this case, is it worth my applying for my charges and PPI Refunds. This is a credit card account.

Orford

When was the last time you made a payment? If you Haven't made a payment in the last 6 years, the debt is statute barred