Paying Same Debt for almost 18 years

Martin654

Hello

My wife has been paying a long standing debt managed by Robinson Way Ltd since the mid ninties. She still owes £6k+ (originally borrowed £5k). Her payments are £15 per month.

She recently asked for evidence of the agreement and got a badly copied document entitled Credit Agreement but this did not include her signature.

Robinson Way said that the document is sufficient to demonstate liability.

My question is... is this still considered valid?

Tixy

They don't have to supply a signed copy in response to a CCA request.

They are now allowed to use a reconstituted version of the CCA in court.

Who was the original creditor for this debt? what sort of debt was it (loan, card etc)
Are RW still charging her interest?

Martin654

Tixy wrote: »

They don't have to supply a signed copy in response to a CCA request.

They are now allowed to use a reconstituted version of the CCA in court.

Who was the original creditor for this debt? what sort of debt was it (loan, card etc)
Are RW still charging her interest?

Thanks Tixy. Originally it was a loan for the both of us. In 1999 I became bankrupt and the entire debt moved over to her. As far as I am aware she is not paying any interest. So it looks like she just needs to carry on with the re-payments.

InsertWittyName

Assuming it is interest free, it'll take at least another 33 years to clear it at £15 per month!

nottoolate

Tixy wrote: »

They are now allowed to use a reconstituted version of the CCA in court.

not quite that simple. an unenforceable reconstituted agreement is still unenforceable. and many applications forms are not


also if challenged in court they would need to provide evidence that an original enforceable agreement was signed

redpete

Martin654 wrote: »

My question is... is this still considered valid?

I suspect she might struggle to prove it is not valid given that she has been and is still paying £15 a month towards it.

What grounds do you think you have for it not to be valid?

pure_dead_dopey

Its not statute barred because she's paying it.
However, you still have a legal right to request a CCA, and they have to produce one or it is unenforceable in a court.
Of course they will tell you what they've produced is enforceable but it needs to be checked carefully by someone who knows what a properly executed agreement looks like.
If it is UE, your options are to use this information to secure a more favourable F&F (if you can afford it)
Or argue the UE case with them, stop paying and wait until it becomes SB. They can phone, write and pester you and update the CRAs if its UE but they can't take you to court if they don't have a properly executed agreement. Its quite unlikely that they could find a proper agreement from this far back.

Martin654

pure_dead_dopey wrote: »

Its not statute barred because she's paying it.
However, you still have a legal right to request a CCA, and they have to produce one or it is unenforceable in a court.
Of course they will tell you what they've produced is enforceable but it needs to be checked carefully by someone who knows what a properly executed agreement looks like.
If it is UE, your options are to use this information to secure a more favourable F&F (if you can afford it)
Or argue the UE case with them, stop paying and wait until it becomes SB. They can phone, write and pester you and update the CRAs if its UE but they can't take you to court if they don't have a properly executed agreement. Its quite unlikely that they could find a proper agreement from this far back.

Hi Thanks for the replys.. could you tell me what UE, F&F and SB means please? Many thanks

SusieT

UE is UnEnforceable
F&F is Full and Final
SB is Statute Barred

Hope that helps

SusieT

Just a thought, if she originally borrowed £5k, has paid 15*12*18 = 3240 and I assume made some payments before she went into the agreement it may well be worth checking that they are not adding interest if she still owes £6k. I know interest adds up but that is a hell of a lot on it. Out of curiosity was there any PPI (payment protection insurance) on it? if so depending on the circumstance it may be possible to do a reclaim on it.
Getting a proper copy of the agreement would be a great help but if they do not have it you could try sending a subject access request to whoever provided the loan to see what the breakdown of the figure is.