CCA Not found - but debt passed onto DCA

scrumpleface

HI,

A bit of a frustrating story, which I'll try to keep short.

Sorting out my husband's very old debts. He defaulted on a credit card around 12 years ago (£2500ish was owed) and since has been paying off through Stepchange - a very minimal payment. I have sent off CCA requests several times, and have never had a reply, however, when they passed the debt to Wescot to chase they did reply saying their client couldn't find the agreement.

We wrote offering a full and final settlement just so it was sorted and never heard anything. We've heard nothing for 3 months, and have stopped the nominal payment through Stepchange.

Today we have had a letter from HSBC saying they have asked a DCA called CSL to collect the debt - their letter also arrived today. I have sent a letter back to CSL saying that we do not recognise the debt, and have sent a complaint through Resolver to HSBC.

My question is - what do we do now? I don't want my husband to get a CCJ - is that possible? Should we just go back to paying the minimal amount? He'll be out of a job by February, and we're expecting another baby in 3 weeks, so he won't be paying it back before it drops to an even lower amount. In my resolver complaint, I"ve made another offer to them.

HSBC has never responded to any letters, or offers. It's beyond frustrating. I just want this sorted.

Any advice would be great, thanks.

sourcrates

Hi,

No credit agreement means they cannot obtain judgement against you in court, of course they will pass your account to a debt collector, that’s what banks do, just write and tell them the original creditor was unable to comply with your CCA request, therefore the debt is currently unenforceable, and you will not be paying it.

Watch out for court claims and report back if you do get one.