7 year old debt

MrZoom

Hi guys,

So I've this old debt from 2008. Last year I received a letter from county court regarding it. It was so long ago I couldn't remember it so I spoke to the debt collection agency, asked for the credit agreement and agreed to pay back £50 a month whilst they arranged it to stop any bailiffs calling around. A couple of months past with no agreement, so I called back and requested again (I now realise I should have sent it in writing and recorded delivery). So this went on until July 15 where I'd had enough so stopped paying. The debt has gone from my credit file, so I thought that was that.
Today I get a letter from the county court demanding the outstanding balance. I called the debt agency back who are saying that they have no record of me requesting the credit agreement and I still need to pay.
Is there anything I can do about this? I requested the agreement again today, which I'm going to follow up in writing, but the para-legal I spoke with said that they can only ask the original company for the agreement, there's nothing I can do if they wont send it and she's only doing it as a good-will gesture.
I told her I believe that the debt should be wiped now because of the 7 years since the original debt and the fact they've ignored my credit agreement request twice. She disagreed.
She's agreed to pause court proceedings because I agreed to make a payment next week.

Any advice?

Thanks

sourcrates

Hi,
So court action has not yet happened, is that correct ?

Assuming that's the case, if you have not paid this debt, or admitted it in writing, for any period of six years (England& Wales) then it would be statute barred, and that would constitute a full defence to any court claim, don't pay anything until you can confirm the dates are correct, and that this applies to you.

fermi

Well the line that the old OFT and presumably now the FCA takes, is that the obligation on the creditor to supply a copy agreement under s77 to 79 of the CCA1974 does not apply once there is a CCJ in place for the debt.

Is there one actually in place? It's not 100% clear.

Even if it did apply, the request should be in writing with the £1 fee enclosed to be binding.

If there is a CCJ then unless the DCA is exceptionally dim and clueless, it's probably too late to use that as any effective measure.

sourcrates

sourcrates wrote: »

Hi,
So court action has not yet happened, is that correct ?

Assuming that's the case, if you have not paid this debt, or admitted it in writing, for any period of six years (England& Wales) then it would be statute barred, and that would constitute a full defence to any court claim, don't pay anything until you can confirm the dates are correct, and that this applies to you.

Edit, just read you were paying this till recently, would not apply in that case.

MrZoom

Thanks

Yes I was paying after I got a letter from the county court, as I agreed to until I had received the credit agreement in order to hold off bailiffs.

The only reason I paid is because I didn't want bailiffs knocking at my door and I understood this was required in order to allow me time to receive the requested court agreement.

MrZoom

I probably do owe the money (I was a right idiot with credit cards when I was younger), so I know I need to pay it back, but I hate the fact that it appears I've waived my rights just because I was threatened with bailiffs.