As long as you have not stated in writing that you owe the debt; or made a payment then they cannot

Mummy007

Is this correct for credit card debt which defaulted in 2015, Robinson Way/ Hoist  have written offering a 75% discount, but I have never replied to their letters. 
" As long as you have not stated in writing that you owe the debt; or made a payment then they cannot take legal action against you to recover the debt ". 
The credit card was opened in 1992 Barclaycard, would they possibly go for CCJ  was  hoping the defaults would fall off credit report August 2021
Thanks

[Deleted User]

No, that's not correct. Only if they cannot provide the agreement would the debt be unenforceable. Otherwise it's still some time from being statute barred.

If you've not made any arrangements to pay, then you can expect them to go for a CCJ towards the end of the 6 years. That will be for the full amount.

adamp87

You are correct in the sense that once the 6 years is passed if they’ve taken no action like a CCJ, and you’ve not acknowledged the debt it will become Stature Barred I believe.

The fact that they are offering 75% probably means there’s something fishy with the debt - ie they don’t have the right paperwork for it - but that’s not for definite.

sourcrates

Who has told you this by the way ?

Acknowledging the debt or not, does not take away the right of the creditor to take legal action against you.
The reason for the discount is because they know no legal paperwork will still exist from 1992.
You can put this to bed once and for all by submitting a CCA request to Hoist.

Thrugelmir

adamp87 said:

The fact that they are offering 75% probably means there’s something fishy with the debt - ie they don’t have the right paperwork for it - but that’s not for definite.

Better to receive a lump sum settlement than to have to administer a dribble repayment plan over many years. 

Mummy007

sourcrates said:

Who has told you this by the way ?

Acknowledging the debt or not, does not take away the right of the creditor to take legal action against you.
The reason for the discount is because they know no legal paperwork will still exist from 1992.
You can put this to bed once and for all by submitting a CCA request to Hoist.

So if there is no paperwork from 28 yrs ago  can they get a court order 
Thanks

Dr_Crypto

No they can’t. Send them a letter asking them to prove you owe the money and include the credit agreement. 

Dr_Crypto

No they can’t. Send them a letter asking them to prove you owe the money and include the credit agreement. 

sourcrates

Mummy007 said:

sourcrates said:

Who has told you this by the way ?

Acknowledging the debt or not, does not take away the right of the creditor to take legal action against you.
The reason for the discount is because they know no legal paperwork will still exist from 1992.
You can put this to bed once and for all by submitting a CCA request to Hoist.

So if there is no paperwork from 28 yrs ago  can they get a court order 
Thanks

They can if they take you to court and you don’t defend the claim.
Send a CCA request, determine the debts status, then you will know where you stand.

kaMelo

sourcrates said:

Who has told you this by the way ?

Acknowledging the debt or not, does not take away the right of the creditor to take legal action against you.
The reason for the discount is because they know no legal paperwork will still exist from 1992.
You can put this to bed once and for all by submitting a CCA request to Hoist.

Does it have to always be the original paperwork? which i suppose lead onto another question, Is it reasonable to expect a creditor to keep the original paperwork for decades?
As you point out the chances of it still existing from 1992 are almost zero.
If it always has to be the original paperwork then anyone who still has a credit card taken out decades ago could simply max the card out whilst knowing full well a CCA request would absolve them of the entire debt. 

Is it really that simple?

[Deleted User]

It can be a reconstituted agreement.