Debt Collection Agencies......can I ask for CCA's if original debts were pre-2007?

mandymad

Hi, I've been reading these forums with interest to my own circumstances.
I had been with LLoydsTSB from 1997, current account and a credit card. When I went back to University in Sept 2010, I was told that I should just keep the same account as I had a good credit rating with them and not change to a student account. I was given a £1000 overdraft to help too.
In 2011, they pull the plug on my overdraft, even though everything had been running correctly, and passed me onto what is now STEP CHANGE. As my income since leaving Uni is very low, these debts have now been passed onto Moorcroft (lovely people....hmmm) I now pay them £1 per month, debts are £2500 credit card, £1400 current account. Can I ask for the CCA as you've stated, as my account etc was taken out prior to 2007? If they can't show me the original, can I be pursued? Or do I have to continue as I am already paying them money, can't exactly deny my debts.
My two catalogue accounts, both started earlier than 2007, also had to be dealt with through STEP CHANGE, and are now with NDR, can the same be done with them? I pay them £5 each, debts are £550 & £600.

Sorry to be long winded, but am hoping that something can be done as I can't see an end to my debts. STEP CHANGE can't help me anymore as I don't earn enough money to pay my debts, they suggested I contact my 4 debtors with token payments, hence why I only pay them a little.

rizla_king

Yes you can ask for CCAs on the credit cards and catalogues but not the overdraft. Doesn't apply to overdrafts.

sourcrates

Hi OP,
You can make a CCA request for any running credit account you hold, except an overdraught, as that is not governed by CCA1974.
If all your accounts are pre-2007, you are in luck !!!
To fully comply with a CCA request for a pre-2007 credit agreement, the creditor must send you a copy of the original agreement, which must contain ALL of the prescribed terms applicable to that account, on the same page, and it must also contain your signature.
If they cant/don't produce this document, they cant get a judgement against you in court, if they do produce it, and all, or some, of the prescribed terms are missing, then its likely it would be unenforceable in court, if they produce it and all the terms are there, then they have fully complied with your request.
Around 75% of pre-2007 agreements would be unenforceable, especially your catalogue accounts as they were terrible at getting paperwork signed, hope this helps.

mandymad

Is there a template letter on here anywhere so that I can use it to request a CCA?
Thanks

rizla_king

here https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Page-04.aspx

happy_bunny_2

Best check back when they reply.

NDR in particular may well send you a lemon and swear blind its good enough.

Sometimes you have to stop paying or send a complaint to get a response from some companies.

HB

jansueir

does this the above relate to a store card?

sourcrates

jansueir wrote: »

does this the above relate to a store card?

You have to sign an agreement for a store card so yes it does !!

happy_bunny_2

jansueir wrote: »

does this the above relate to a store card?

Yes, you can request a CCA for a store card.

rizla_king

Catalogues and store cards were the worst for not having properly compliant agreements. Sometimes there never was an agreement.

sourcrates

rizla_king wrote: »

Catalogues and store cards were the worst for not having properly compliant agreements. Sometimes there never was an agreement.

The interest rates were sky high as well if I recall. something in the region of 34% APR :eek: