Advice please

happy135

Hi, 2005 we got into financial trouble and negotiated with our creditors to reduce payment. In the end they went to default and got sold to other firms where they have them been sold on again, where we have continued paying them off. 15 years later they are now with another debt collection company , I have read online somewhere we can write to them and ask for a copy of the contract we took with the original company , to check they have the correct details needed. Also if I stopped paying could they go as a default again on our credit report? I wish to get a mortgage soon and don’t want to spoil our good credit report. Thanks 

MovingForwards

Ask @sourcrates to move your thread to the debt free wannabe board as that's where you will receive specific guidance.

sourcrates

Moved it for you.
Debts only default once, if it’s gone from your file, it can’t come back.
It’s one of your statutory rights to request a copy of your credit agreement at any time, send to each creditor, enclosing the £1 statutory payment, postal orders are best for this.
Template letter and more information can be found here -

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

If you need any further help, reply to this thread.

happy135

Thank you very much 

D3xt3r5L4b

sourcrates said:

Moved it for you.
Debts only default once, if it’s gone from your file, it can’t come back.
It’s one of your statutory rights to request a copy of your credit agreement at any time, send to each creditor, enclosing the £1 statutory payment, postal orders are best for this.
Template letter and more information can be found here -

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

If you need any further help, reply to this thread.

You don’t need to pay.
They are free under GDPR now. 

Galloglass

You don’t need to pay.
They are free under GDPR now. 

The Data Protection Act (2018) brought in by GDPR only applies to certain (but most) personal information. CCA's are governed by the Consumer Credit Act 1974 and the £1 is still due. 

It would be a mistake and a delay not to send the £1 making it clear it was for a CCA 1974 copy of the agreement.

fatbelly

That's correct - you are making a statutory request and the £1 fee was fixed by statute in (I think) 1974. It's clearly ridiculous but if you're looking to put them in a position where the debt is unenforceable under that law, then you need to comply. 
I use an old fashioned postal order, uncrossed,  not made out to anyone. Half the time they just send it back. Never mind, you've complied, now they have to.

happy135

Sorry I’m being thick here, so if the debt company can provide original contract etc, then I have to keep paying them, they can’t put as a default on our credit file but can take us to court?  I know if I’ve been paying them monthly say £10 that that’s acknowledging the debt, and they can take me to court for it? What about if I’ve been paying another company £10 a month and now a new debt company is asking for money . ? Can they still take me to court if it originally defaulted in 2005? Thanks 

sourcrates

happy135 said:

Sorry I’m being thick here, so if the debt company can provide original contract etc, then I have to keep paying them, they can’t put as a default on our credit file but can take us to court?  I know if I’ve been paying them monthly say £10 that that’s acknowledging the debt, and they can take me to court for it? What about if I’ve been paying another company £10 a month and now a new debt company is asking for money . ? Can they still take me to court if it originally defaulted in 2005? Thanks 

As long as a balance remains payable, then legal action is always possible.

Its not a first responce from a creditor, usually a last resort, if your paying what you can afford, then nothing further will usually happen.

There are two exceptions to this rule, If a debt is unenforcable, then court action cannot be taken, and you do not have to pay it, likewise if a debt is statute barred, the same applies (although you must defend any claim on that basis to avoid a CCJ by default).

Debts are bought and sold all the time, the new owners retain all rights and privileges of the original owner, but fair debt collection practice suggests that only one creditor can ask for payment of a debt, at any one time, so if two DCA`s are chasing the same debt, a complaint should be made to both companies.