What next

ronnerx

i had an old cc debt i thought was statued barred unkown to me my wife had made some payments to a dca result its not sb, another dca is now chasing payment i asked for a copy of cca they sent a copy of the application form with a section saying terms and conditions 1974 cc act sign this only if you want to be bound by its terms etc.can anyone advise a course of action PLEASE

DarkConvict

Was your wife a named account holder on the card, i do not think it would count if she made payments to a debt not in her name if you were unaware of it. But i could be wrong. As technically a DCA could pay a £1 ever 5 years to keep it alive otherwise.

http://forums.moneysavingexpert.com/showthread.html?p=26867731#post26867731

Post back with the 3rd letter - http://forums.moneysavingexpert.com/showthread.html?p=26867797#post26867797

An application form is not a CCA,
Worth noting a recent OFT statement regards to CCA's http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

"A creditor should in no way mislead a debtor as to the enforceability of the agreement. To do so would be an unfair of improper business practice and would be highly relevant to the creditor’s or owner’s fitness to hold a licence."

GeorgeUK

I totally agree. The payment must come from the account holder - not another source. Not too sure how that would actually be argued though.

eg. You could get a loan and your wife would make payment towards it for 6 years then stop, Technically you have not acknowledged the debt for 6 years so it is statute barred. I think in a case like this the bank would pursue you for fraud, but in your case i can't see how they can.

Do you know when the last payment your wife made was or is it just the DCA that has told you this?