debt collectors from credit card debt

whistle_pop

Hi all. Sorry if this is in the wrong place but I'll try to keep it short.

About 6/7 years ago I took out an Aqua credit card and ran up a debt of about £1,500 ish. I fell on hard times and arranged with Aqua that I'd pay reduced payments with the interest stopped, although this took some persuasion! November last year I had a letter through from a company called Call Quest (debt recovery) and it stated that they were now dealing with my debt but there was no worries at this stage because the payments would remain the same. Skip forward to last month and they sent me a letter stating that I hadn't paid by the due date (I actually had paid, there was a crossover in the post as they sent this letter 2nd class I think) and now they're leaving me voicemails everyday to contact them.

I have seen on the net that if I took my original credit card out 6/7 years ago there's a chance it was an illegal loan (I don't know the how's and why's) so is it worth asking Call Quest to provide me with the original contract? If they can't provide it does that mean I'm under no obligation to pay? I must point out that I have been paying them up to now so maybe that's as good as a contract?

Any and all advice will be appreciated.

National_Debtline

Hello there,

It is unlikely that the credit card would be illegal although you do make an important point. The act of parliament that regulates credit cards (The Consumer Credit Act) is pretty strict about paperwork, and specifically the form and content of credit agreements. To put it briefly, if a credit agreement is missing an important term, or if it wasn't signed and provided it was entered into before 6th April 2007 it may be legally 'unenforceable'. This means that if the debt collection agency was to try and take you to court, you may be able to defend the claim on the ground of unenforceability. You should really seek legal advice if it ever got to this stage. if you took your agreement out after that date, the court can allow it to be enforced regardless of what the paperwork looks like.

As debts move around the houses and get sold on etc. The chances are that paperwork may go astray. You can make a formal request under the Consumer Credit Act 1974 to request a copy of the agreement, you can do this by sending a payment of £1. A word of warning, however; the creditor is under no obligation to send you the actual original - and they could put together a facsimile of what the original agreement (it doesn't need your signature) would have looked like. This would satisfy the information request but it may not prove whether or not they have the original signed document. There are rules that state that if a creditor has the original document they should provide a copy of that original document.

To say it's a bit of a minefield is a bit of an understatement, there has been a significant amount of legal action around credit debts and enforceability issues although I think it's worth making a request for the sake of a pound.

You can learn more about getting a copy of your credit agreement by clicking on this link, it will take you to our fact sheet.

Best wishes,

David @natdebtline



I have seen on the net that if I took my original credit card out 6/7 years ago there's a chance it was an illegal loan (I don't know the how's and why's) so is it worth asking Call Quest to provide me with the original contract? If they can't provide it does that mean I'm under no obligation to pay? I must point out that I have been paying them up to now so maybe that's as good as a contract?

whistle_pop

Thanks for your reply. I will continue to make the payments as I have done, but maybe asking for the original contract might open up a can of worms and I don't have the patience for a game of postal tennis.

National_Debtline

Hello again,

Asking for the paperwork is a legal right that you have under the Consumer Credit Act, for the sake of a £1 payment it can be a powerful tool. Arguing unenforceability can be a longwinded process but you shouldn't be put off from exercising your legitimate rights.

David.

happy_bunny_2

The date taken out is important.

If there is any doubt over the date on the documentation they produce, a SAR to the original creditor may help.

It's worth it, as if they don't have the original on a pre April 2007 card account they are somewhat stuffed.

sourcrates

whistle_pop wrote: »

Thanks for your reply. I will continue to make the payments as I have done, but maybe asking for the original contract might open up a can of worms and I don't have the patience for a game of postal tennis.

If the paperwork is defective, or they cant produce what they are supposed to by law, the account could be unenforceable, well worth a letter in my opinion OP !!!