Debt from 1970

Dearjohn_2

Hi all I'm hoping for some help
I'm 73 years old an have a credit card that has now been defaulted and passed to a collection agency I have tried so hard to pay the amount each month but have reached the stage were I couldn't afford it anymore,

My question is I took this card out in 1970 and paid very month on time but recently got into difficulties the bank in question would not help me at all due to my age and have now sold this debt to this agency, I'm not normal one to not pay my debt but what would happen if I just didnt pay the debt agency, as I know the contract was signed in 1970 and I doubt they would have the original agreemnet could I offer them £1 a month or could they bankrupt me please any help

[Deleted User]

hello john, could you provide a little more information, for example the actual amount you owe, as this will determine your best course of action

Dearjohn_2

Hi I have 10,000 outstanding and it was 280 a month from my pension I went into the bank and we agreed £20 a month but now they have just sold my debt on to this agency and the interest is just escalating

Dearjohn_2

I am struggling meeting the 20 a month so I need to know as the origial contract was from 1970 could I get away with offering £1 a month

[Deleted User]

doesnt matter when you took out the card and they dont need to provide the"original"contract after 43 years of paying them you have acknowledged the t&c`s
the only possible easy solution i can think of if you dont own your own home would be a DRO if you have less than 15k in debts,other than that send the dca a detailed income/outgoings letter with a sensible offer

fresh-air1

i maybe wrong but i thought all contracts before 2007 had to be a copy of the original with your signature to be used in court and if they didnt have the origianl they couldn't take you to court

oscar52

woodbine wrote: »

doesnt matter when you took out the card and they dont need to provide the"original"contract after 43 years of paying them you have acknowledged the t&c`s
the only possible easy solution i can think of if you dont own your own home would be a DRO if you have less than 15k in debts,other than that send the dca a detailed income/outgoings letter with a sensible offer

Cant see a DRO being granted - sure as hell wouldnt send them details of my income or what I spent it on.

fresh-air1 wrote: »

i maybe wrong but i thought all contracts before 2007 had to be a copy of the original with your signature to be used in court and if they didnt have the origianl they couldn't take you to court

This pre dates the CCA 1974 so falls outside of its scope.

fresh-air1

So what would you suggest Oscar52 would it be worth John sending a CCA request first?

Dearjohn_2

I don't understand, what should i do about this situation, i jointly own my home with a life time mortgage company, and i do not have any assets and i cannot afford to pay more than £5 a month i have struggled so hard to clear all my debts and this is the last debt i have, please can some one tell me what i should write back to the debt agency

oscar52

fresh-air1 wrote: »

So what would you suggest Oscar52 would it be worth John sending a CCA request first?

CCA doesnt apply - card existed before the Act did. If its in writing that the bank cant help because of "age" I would photocopy the letter and send it with an offer of £5 a month MAX.

Thats what I would do in this situation.

Dearjohn_2

no i have been told verbally, we agreed i would pay 20 a month which i have been doing every month without fail and now i get this letter from a debt agency acting on behalf of the bank now asking for a ridiculous amount each month and saying they will take further action against me if i don't comply by the 2nd of june