What to do with old 2007 debt?

timetosortthings

I have been trying to sort things for a while and have made great strides in the past with other credit cards debts, but seem to hit a brick wall with a MINT credit card debt.

I am seeking views on what I approach I should take next with a MINT debt of £10k?

In 2007 I went via a debt management company (which has since gone bump) in trying to settle and sort debts - some of which resulted in FULL and FINAL settlements. Mint at this time refused to consider offers of settlement - other debts since, I have also done FULL and FINAL settlements myself.

However one debt which is hanging seems to be that of MINT - the debt doesn't appear on any Noddle or Experian credit reports, and defaulted in 2006/7 so the six years is up.

During the time of the debt it has passed via many debt companies such as Newmans, Wescot, Capquest to name but a few, Currently it's back with MINT who send me monthly credit card statements.

Over the recent few years things got worse financially (due to many reasons) which resulted in me then going via Step Change who only provide me with a income and expenditure and advisement of - "clearly you cannot afford to pay anything but try and pay your debtors a token £1 payment when and where you can". (they do not manage or deal direct with debtors on my behalf)

In a review when I passed my income and expenditure to Wescot, they said even though I have be paying £1 they could no longer accept this I quite clearly I could not afford it, and would therefore refer back to the client. Time when by and then I was notified the matter had been passed to Capquest and the same happened in that I provided the Step Change income and expenditure and again they said they could take no payments as clearly I couldn't afford it and they'll refer the matter back to the client.

Nothing has been paid against this debt fro about 18 months.

After a while I then heard back from MINT direct early 2015 who asked for a income and expenditure which I supplied and who they themselves say I cannot afford to pay anything and they will note their system accordingly and they will get back in touch.

Since that time all I get is a monthly credit card statement and I am now wondering how to approach this matter or should I ignore it?

I would not wish the matter to result in a CCJ as I have managed thus far to avoid CCJ's whilst I have been trying to sort things out. I am unsure weather to be proactive even though nothing much (if anything) has changed in my affordability.

Not sure how long I have had the MINT card but I can find statement back to 2003, but have a feeling I may have had it even longer

Any help would be appreciated

sourcrates

Hi,

After pressure from the regulator, creditors are now obliged to take affordability into account, when chasing delinquent accounts.

Taking you to court will not benefit them in the slightest, as a court would just agree with the stepchange view, and say pay £1 a month.

Two choices really, unless your income improves, the situation is unlikely to change, so just ride it out until it's statute barred.

In addition you could make a CCA request to the creditor, old debts rarely have correct paperwork, so non compliance could strengthen your position, and you could stop worrying about it, until, as I said before, it becomes statute barred.

timetosortthings

Hi Sourcrates

Thanks for the reply

Could I just ask, would making a CCA request bring the matter to the top of their pile (so to speak)

As I haven't heard nothing from them (MINT) since early 2015..

sourcrates

timetosortthings wrote: »

Hi Sourcrates

Thanks for the reply

Could I just ask, would making a CCA request bring the matter to the top of their pile (so to speak)

As I haven't heard nothing from them (MINT) since early 2015..

Shouldn't make any difference.

You have a right to that information, so one has no bearing on the other.

The only thing that would change matters is if your income increased.

I would get on and do it, of course they may be able to provide you with the information, if so, things just carry on as now, but if they can't provide it, it adds another string to your bow.

timetosortthings

Hi Sourcrates

I wonder if you can advise further on this.

Like you suggested I sent off my CCA request (along with a £1.00 postal order), and as yet I have heard nothing (12 working days up on the 3rd Feb - tomorrow)

However I have received a statement today and that indicates that a £1.00 has been paid off the 10k outstanding.

The only £1.00 I sent to them was the postal order with the CCA request. - so at least I know they got the request.

But the question is, does them placing the £1 against the amount outstanding change anything, i.e. acceptance of debt, the CCA process??

thanks in advance

sourcrates

timetosortthings wrote: »

Hi Sourcrates

I wonder if you can advise further on this.

Like you suggested I sent off my CCA request (along with a £1.00 postal order), and as yet I have heard nothing (12 working days up on the 3rd Feb - tomorrow)

However I have received a statement today and that indicates that a £1.00 has been paid off the 10k outstanding.

The only £1.00 I sent to them was the postal order with the CCA request. - so at least I know they got the request.

But the question is, does them placing the £1 against the amount outstanding change anything, i.e. acceptance of debt, the CCA process??

thanks in advance

Hi,

Yes this is an old DCA trick, you need to write back stating that the £1 fee payable for an information request under the Consumer Credit Act sec 77/79, is not to be regarded as a payment 'in respect' of a debt.

You have made a valid request under the above act, and enclosed the correct fee, as things stand, the account is now unenforcable as they are in default of your request, and will remain so until they do provide what you originally asked for.

timetosortthings

Hi Sourcrates

I done as you advised in advising them about the £1 payment - however today I have received a copy of an agreement with a signature on which dates back to 1999 but the agreement is for 'The RBS Advanta Card' and not 'Mint'

Not sure if they are one in the same or not,,.......Would you know?

If so, could you suggest what my possible options are in settling, clearing, getting rid of the debt with little to no resources.

I'd it could be a final and final request but unsure what that figure would be considering the value and age of the debt (10k)

Thanks in advance of your continued assistance