CCA help

Little_Miss_Sunshine

I'd really appreciate some advise. The shock of it all has subsided and we've decided to cca all our creditors just so we have the paperwork. Our largest debts are across 2 mbna cards taken out sometime in the early 90's. The balance now are a mishmash of balance transfers and spending. It's a whopping £25000 worth. There's a moral question here I know. We spent it etc and we should pay it all back. But even now mbna have offered to increase my limit to £25k for one of the cards. I don't think the left hand knows what the right is doing.
My question is this - if mbna can't provide the paperwork is all or just part of it unenforceable because we've added to it over the years if you know what I mean. When I look at our debts over half of it is on cards taken out years ago.
As always - thank you

poppy10_2

Little_Miss_Sunshine wrote: »

My question is this - if mbna can't provide the paperwork is all or just part of it unenforceable

Specifically what paperwork would you be asking them to provide?

Forget morally, legally you don't have a hope in hell of wriggling out of the debts

fermi

Little_Miss_Sunshine wrote: »

My question is this - if mbna can't provide the paperwork is all or just part of it unenforceable because we've added to it over the years if you know what I mean.

If it is the original agreement, even if varied over time by them or re-issued/branded without you having to sign a new agreement after April 2007, then could be unenforceable.

- s127(3) Consumer Credit Act 1974 says that a court may not make an enforcement order on a pre April 2007 agreement (even if varied after) if an agreement containing the prescribed terms WAS not signed.

and

- s78(6) applies to all agreements, no matter the date, that a court cannot make an enforcement order on a debt while in default of a request under s78(1) for a copy agreement and statement of account. Unlike s127(3) this is a temporary unenforceability which can be remedied by reconstituting a agreement from other records, and does not require that any original was enforceable in it's own right under s127(3). i.e. even if they comply with a request, that does not mean it can't still be unenforceable under s127(3).


You can maker the request and see what they come back with. They may try to fob you off with just recent T&Cs, which is typical, but not acceptable.

Little_Miss_Sunshine

Thank you. I've got a template letter and I'll send them all off along with my £1 postal order. And then I'll wait the 12+2 days and see what happens.

So it doesn't matter when the debt on the card was added - just whether or not they can produce the correct paperwork??
Many thanks

fermi

It is the underlying running account credit agreement that matters, yes. When any debt was incurred on it does not matter.

glentoran99

poppy10 wrote: »

Specifically what paperwork would you be asking them to provide?

Forget morally, legally you don't have a hope in hell of wriggling out of the debts

Well that's nonsense for a start

sourcrates

poppy10 wrote: »

Specifically what paperwork would you be asking them to provide?

Forget morally, legally you don't have a hope in hell of wriggling out of the debts

Failure to comply with a request for information.

If a creditor cannot provide the information, when you make a sec 78/79 request, an account can still be deemed unenforceable.

CONC 13.1.6G02/11/2015

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

sourcrates

Little_Miss_Sunshine wrote: »

Thank you. I've got a template letter and I'll send them all off along with my £1 postal order. And then I'll wait the 12+2 days and see what happens.

it will take them a lot longer than that, expect to wait at least a month, maybe two.

They should acknowledge your request sooner than that, but getting the actual paperwork, will take longer, that's if they can provide it at all.
Let us know what responce you get.

Little_Miss_Sunshine

Thank you all for your replies. I'll get the letters sorted out this week. We intend never to have credit ever again so I don't really care if it's on my credit file. Out of interest how does the unenforceable debt appear - is it there for ever!!

glentoran99

Little_Miss_Sunshine wrote: »

Thank you all for your replies. I'll get the letters sorted out this week. We intend never to have credit ever again so I don't really care if it's on my credit file. Out of interest how does the unenforceable debt appear - is it there for ever!!

will drop off 6 years from default date

sourcrates

Little_Miss_Sunshine wrote: »

Thank you all for your replies. I'll get the letters sorted out this week. We intend never to have credit ever again so I don't really care if it's on my credit file. Out of interest how does the unenforceable debt appear - is it there for ever!!

No different to any other credit account usually, but, the lender could still update it monthly, or it could disappear from your file altogether.
Its entirely at the lenders discretion.


After 6 years of non payment, it will disappear, it will also become statute barred, but lets not jump the gun, they may be able to produce something that resembles a credit agreement, so its important to know and understand what is acceptable, and what isn't.


I`ll subscribe to this thread, so you can keep us updated on what they send you.