CCA requests - advice please

[Deleted User]

dfw128 wrote: »

but I have had a response from barclaycard who hadn't responded to my original request and they are unable to provide the original agreement either.

IIRC, these agreements are pre-2007, in which case, this debts is unenforceable without an original CCA.

sourcrates

dfw128 wrote: »

but I have had a response from barclaycard who hadn't responded to my original request and they are unable to provide the original agreement either.

No agreement essentially means they cant enforce there rights through the courts.
If they have admitted they have no agreement, then its also likely they dont hold enough information on the account to even produce a recon, which incidentally, would be sufficient for the purposes of a section 77/79 request for information, however old the account was.

There was no change to these sections in April 2007, so pre and post this date, the law is the same on those.

What happened in April 2007 was that S127(3) was removed, and so earlier agreements that meet the requirements of a S77-79 request may not meet the requirements of S127(3), which are that the agreement must contain the prescribed terms in S61

Best explained here :

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

Daisypop

Hi
Ive requested 3 copies of cca's. One is from 1st credit, previously Opus, previously Citicard.
I had a letter approx 2 months ago saying they would request the details from Opus and would suspend collection until then.
Today I have received a letter from Opus stating intention to notify me of default, as this should have been done 28 days before they did default me which I'm sure was 2012 when I started with Stepchange.
Do you think this sounds like they forgot to notify me at the time of the default so are doing so now? I need to check my noddle report to check.
I would have thought if they had the cca info they would have sent me that. The letter states the outstanding balance but it's what i owe now to 1st credit.
I'm wanting to offer some full and finals - does anyone think if they could provide the info on the cca they would have sent me that? The letter also said pay the full balance or arrange a payment plan with 1st credit.
I'm confused!

sourcrates

Daisypop, hi,

This letter probably just crossed in the post, sounds like an entirely seperate issue.
As long as they are in default of your CCA request, your account cannot be enforced through the courts, you should be in no doubt about your position here.

Sometimes a creditor has to search a Hugh archive of paper files just to find one piece of paper, so can take up to a couple of months or more.

I suggest a reminder letter to 1st credit may move things along, one way or another.

Daisypop

Thanks sourcrates. I'm clueless! I'll send another letter to 1st credit and see what that brings.

serious_debt

Good morning
This is a really interesting thread for me to read. So thank you all.
I have about £300,000 yes thats correct, of unsecured credit card and other debts. I have been on a DMP for over six years and currently pay just under £100 per month. Almost all my debts are defaulted. Most were in cards taken out in the 1990's but before 2007. I have 17 creditors.
My situation is that I am an alcoholic with other mental health issues. Now in recovery from alcohol addiction (5 years) but still vulnerable to relapse and so this debt is a threat to my life. All my debt was taken out during my years of madness.
I have not gone bankrupt as I have a small bed and breakfast Ltd company. This provides my home and income. If I lost this I would be homeless and income less. I would struggle to work due to my mental health issues. Also I am coming up to 60!
I struggle to understand everything here and desperately need help. I have a family who can help me financially for advice and full and finals (maybe about 20%/£60k) but I don't know where to go for advice, I don't trust my DMP company and would like independent professional help or where to find someone to hold my hand. Could I approach a solicitor? Any other advice would be very welcome.

[Deleted User]

serious_debt wrote: »

I have about £300,000 yes that's correct, of unsecured credit card and other debts.

:eek:

I have been on a DMP for over six years and currently pay just under £100 per month.

So you will be in your DMP until you are 310 years old.

I'm amazed your creditors haven't sought to have you declared bankrupt.

serious_debt

Correct on my age when I am clear of debt!

They have advised bankruptcy but If I do that I lose my home and my job, well thats what I think will happen.

I am nearly 60 have mental health issues and loosing everything is just simply dangerous for my wellbeing.

[Deleted User]

It's not really up to you.

Your creditors can petition for bankruptcy, without your agreement.

serious_debt

I understand and you are correct. So far and many years later I am still paying my £100 a month.