Debt from 1970

scaredy_cat

speak to National Debt Line 0808 808 4000 or Step Change - 0800 033 4321.

they are charities and able to give you advice about your debt.

Dearjohn_2

what is this CCA request and would it be of any use to me?

jaxsmar

Can Age UK help with advice. You need someone fighting your corner.

fatbelly

Dearjohn wrote: »

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

This is probably an empty threat.

Just keep paying what you can afford. If that is £20 per month, so be it.

Yes I would request a copy of the agreement and see what comes back

Factsheet | Getting information about your credit agreement

matttye

fatbelly wrote: »

This is probably an empty threat.

Just keep paying what you can afford. If that is £20 per month, so be it.

Yes I would request a copy of the agreement and see what comes back

Factsheet | Getting information about your credit agreement

The debt pre-dates both the Consumer Credit Act and the Data Protection Act, so I doubt they have any legal obligation to provide the agreement.

MrsPBikerChick

I would write to your bank and ask them to explain in writing why they have chosen to go back on the agreement of £20 a month without notice or warning. To my mind they accepted your proposal by accepting the £20 a month and not chasing you for the full monthly payment (assuming this was the case, although you don't say how long that agreement was in place for before the debt agency got involved).

Then write to the debt agency and explain that you had an agreement for repayment with the bank which they have chosen to go back on, that you are trying to clear the debt but that you are on a very limited income due to your age and can only afford to pay £x per month. Ask them to freeze any future fees in light of your repayment offer and ask them to respond in writing.

In both letters its worth asking for a cooy of your original credit agreement. even if its from 1970 if its an ongoing open account I think the bank should still have the original agreement or at least a copy of it. Alternatively you might find the terms of it were brought under the consumer credit act 1974 when it came into force, although I don't think the act was retrospective.

Send both letters by recorded delivery and then call the people scardey_cat suggested. You could try CAB as well. As jaxsmar says, you need someone fighting your corner. Also debt collection agencies tend to dial their tone down a bit when they realise they're dealing with more than just the individual with the debt.

Debt collection agencies will use almost bullying tactics to get you to pay up but try not to be scared by them. However, if you get a letter saying they are coming to your house then remember they need a court order before bailiffs can be involved (which bythe sounds of things they do not have) so tell them you are not happy for them to visit you and would prefer to keep all correspondence in writing.

Good luck and keep us posted on how you get on.

eyeopener2

The act might not have been retrospective but wouldn't any on going credit agreement be covered, especially after 43 years? Surely the card issuer would have an obligation to act under the terms of the 1974 act even if the agreement was signed 4 years earlier?

I bet the bank, Barclays I take it, haven't a clue when it was issued!

fatbelly

eyeopener2 wrote: »

The act might not have been retrospective but wouldn't any on going credit agreement be covered, especially after 43 years? Surely the card issuer would have an obligation to act under the terms of the 1974 act even if the agreement was signed 4 years earlier?

I bet the bank, Barclays I take it, haven't a clue when it was issued!

TBH I'm not sure what the legal position is but it would be interesting to see how Barclays would respond to a cca request.

eyeopener2

I've tried searching for anything regarding pre 1974, and can't find any info on legal beagles, cag or a..'ll a..bou..t De..bt.

However this little gem has appeared which has an interesting point from n..iddy.

https://forums.moneysavingexpert.com/discussion/2038733

Dearjohn_2

Fatbelly I have sent a CCA request this morning by recorded delivery and I am also going to make a payment of £5 a month to Barclays bank until they respond with this request, hopefully this is the right thing to do