Old Debt passed on

sporty1

Hi I trymake it short
My husband has a old debt must be over 10 years at least originally a Nat West credit card , he was working part time then he ended up on benefit due to ill health and still on them now, and it is unlikely to change in near future , we was paying Nat west what we could afford for years then things got tough and the debt was passed to a debt collector and we ended up in a DMP, over the last 10 years or more we have been chipping away at this debt paying the most we could as the only income we have is esa and income support , we dint own our own house and now have to start paying bedroom tax as we now have 1 spare room so we hardly have anything once we pay normal household bills etc and life insurance etc etc
This debt has been passed on to about 5 different debt collectors on last 10 years , the latest debt collector we have been paying for last 2 years has sent letter now saying a review nothing has changed except we now have less income , I don’t work either I have recently been diagnosed with cancer, in the past family member offered to pay partial payment ( half of the remaining debt to see if they would accept it but they refused ) so we just been paying the £ 1 month for years yes it taking ages but we have no spare money .. do you still have to continue to pay after so many years of paying these debt collectors who just keep passing the debt on, we have never ignored the debt just payed what we could but this debt must be nearly £15 years old now we owe £510
Any advise please

Willing2Learn

You are still liable for a debt, regardless of how old it is.

However, because of the age of the debt, it is possible that the DCA does not have compliant paperwork. If they do not have compliant paperwork then the debt becomes unenforceable, and you could choose whether or not to continue paying. To find out if the DCA has complaint paperwork, you would need to submit a CCA request.

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx

sporty1

Willing2Learn wrote: »

You are still liable for a debt, regardless of how old it is.

However, because of the age of the debt, it is possible that the DCA does not have compliant paperwork. If they do not have compliant paperwork then the debt becomes unenforceable, and you could choose whether or not to continue paying. To find out if the DCA has complaint paperwork, you would need to submit a CCA request.

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx

Thank you whAt is IT I need to request a CCA how do I do that please

Willing2Learn

The first link I provided gives you information about what a CCA request is.

The second link I provided is a template letter for the CCA request. You will need to include £1 (by cheque or postal order in order) for the DCA to process your CCA request.

sourcrates

In a nutshell a CCA request is made to a creditor in order to obtain a copy of your credit agreement under sec 77/79 consumer credit act 1978.

Failure by the company to comply results in the account becoming unenforceable in court.

Just making the request, which is your statutory right under the above act, has the effect of putting the account “on hold”, so you don’t need to pay, and also temporarily unenforceable, until the creditor responds to you, however long that may be.

fatbelly

I wonder if the credit agreement pre-dates April 2007?

poppasmurf_bewdley

Send them a CCA request with a £1 Postal Order. Do NOT sign the letter, just print your name.

https://forums.moneysavingexpert.com/discussion/709639/cca-letter-template

sporty1

sporty1 wrote: »

Thank you whAt is IT I need to request a CCA how do I do that please

Hi I requested the relevant agreement on the 29/3/19
I got a reply on the 10/4/19 saying they were looking Ito the account to be investigated for the info I have requested in meantime they will not contact me as they wil need to contact their client and it may take a few weeks
Upon them concluding the investigation they will contact me again and advise of the outcome
I then got another letter saying dated 8/4/19
A request has been noted of me requesting a copy of the credit agreement and they wil be intouch in due course

I’ve heard nothing since they also sent my £1 postal order back that I sent requesting the credit agreement copy saying it has been returned as their client no longer charges for this

As anyone any idea how long this CCA should take for them to send me the copy
Thanks in advance

sourcrates

sporty1 wrote: »

Hi I requested the relevant agreement on the 29/3/19
I got a reply on the 10/4/19 saying they were looking Ito the account to be investigated for the info I have requested in meantime they will not contact me as they wil need to contact their client and it may take a few weeks
Upon them concluding the investigation they will contact me again and advise of the outcome
I then got another letter saying dated 8/4/19
A request has been noted of me requesting a copy of the credit agreement and they wil be intouch in due course

I’ve heard nothing since they also sent my £1 postal order back that I sent requesting the credit agreement copy saying it has been returned as their client no longer charges for this

As anyone any idea how long this CCA should take for them to send me the copy
Thanks in advance

Could be never if they don’t hold one.

Allow them at least 6 months to comply, could be longer.

fatbelly

Had a response from Cabot about a client's old debt at work (CAB) today. It had changed hands a few times and was probably statute barred anyway. Back in August they wrote to us and we challenged them to prove the debt. They have told us today that they are dropping the matter.

Always worth a challenge

sporty1

Hi update
I got reply from my request CCA to be sent to me saying saying
They were trying to find it
Weeks went by and still not received it , I contacted National debt line, they told me to request a SAR to
Yesterday I recievdd a letter from the debt company saying they do not have the CCA and the debt is therefore UNINFORCABLE ?
Also I recurved a letter saying before they send me any SAR information they hold on me they want me to send them proof of adress ( bank statement driving livience etc to make sure I am the right person ?
They have been sending me letters for years so they know who I am
I don’t really want to send my personal information they have all my details adress etc on file why can’t they send the SAR out I have requested without me confirming who I am , seems strange they are asking for this now I have requested the SAR