Debt from 1970

fermi

fatbelly wrote: »

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.

Even if a CCA request was valid, which I doubt, then they would only have to provide a copy of the current terms and conditions. As per s9 of The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Dearjohn_2

But how can they send me a default notice stating the 1974 act also I thought they needed the original agreement to take you to court for payment

fatbelly

Dearjohn wrote: »

But how can they send me a default notice stating the 1974 act also I thought they needed the original agreement to take you to court for payment

They do, under the 1974 act s127. The uncertainty is whether the act is relevant at all to this debt.

The fact that they sent you a formal default notice is interesting as will be their response to your s76 request.

Let us know what comes back.

FireWyrm

They cant have it both ways and pursue him under the 1974 act but refuse to honor it in other ways.

John, all you will ever have to pay is what you can afford. There is no way you would be made homeless at your time of life, but they could conceivably go for an attachment to the house which pays out from your estate I would imagine. Whether this would be permitted depends on how the house is split at the moment and which parties own it.

There seems to be some difference of opinion on consumer law since your situation predates most of us let alone the relevant acts we are familiar with. I think you need professional assistance and I would try various charities like Age Concern and National Debt Line for help and advice.

Dont worry though, debt is no longer a stigma and you cannot be pursued unfairly. Let us know what happens by updating this thread with more news or information when you have it and we'll do what we can to help you.