Sent the required £1 with a CCA request

timetosortthings

Hi

Having actively dealt with old debts over recent times, I'm left with one that I am uncertain of for the following reason.

It's an old credit card debt for £10K which dates back to 2007 (when it defaulted) and was passed to various DM companies over the following years with the last £1 payment made against the debt in June/July 2014.

However, then after a good number of months the debt/account ended back with the original lender in 2015 - when at which point they phoned me and a conversation took place with the lender and it was established and agreed by them that I couldn't pay anything towards to debt and said they'll put things on hold.

Also, around this time I made CCA request and supplied the £1 by chq as required, I cannot remember receiving the CCA but noted from a credit card statement that they then credited the £1 for the CCA as a payment against the debt.

So I sent them a letter at the time advising them the £1 payment was for an information request under the consumer credit act sec 77/79 and not regarded as payment in respect of the debt. I never heard anything back regarding this letter I sent them.

The reason I am uncertain of things is in them having used the £1 CCA as a payment against the debt, so as things currently stand:- 

Does that mean the debt successfully becomes statute-barred in June/July 2020, because my last intended and recognised debt payment was in June/July 2014?

Or

Are they legally allowed to use the £1 CCA payment against the debt meaning it would not become statute-barred until 6-years after this CCA payment was recorded on the credit card statement?   

Also, there has been no communication with/from the lender since their phone call to and my CCA request all of which in 2015, however, every month I do receive a credit card statement from them.

Hopefully the above makes sense 

Best regards

Willing2Learn

In the original letter you used, when submitting your request for a 'true copy' of your agreement, you used the following sentence: "I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974."...just have to be patient now...

sourcrates

No they can’t, and you should have lodged an official written complaint, and pursued it to the financial ombudsman if necessary, it’s too late now, you only have 6 months, however, your debt is now unenforceable as they never responded to you.

[Deleted User]

LloydsTSB did this with me, they allocated the £1 fee to the debt account as a payment which restarted the 6 year statute barred limit. It's all over with now though as it was over 10 years ago. 

timetosortthings

Thanks for your help and feedback