Time limit to provide CCA

Katy43

Some years back I was in a very abusive relationship and accrued some debts. I have one very old credit card debt that is about 6 months from being statute-barred.

I requested a CCA in June of this year to Overdales. In November they have sent me a photocopy of the 'short application form' but I don't think this is my credit agreement.

Could anyone please advise as to what I can do next.

many thanks.

Suseka97

If it is 6 months off being statute barred, why did you send a CCA request? 

I do wonder if in doing so you have reset the clock - but hopefully someone else will come along and clarify.

sourcrates

Well unfortunately you have re-set the statute barred clock by sending that letter.

The good news is it looks like they don`t possess the correct paperwork, you may have just dodged a bullet here.

Katy43

Hi, many thanks for your replies,  I'm sorry I didn't make myself very clear.

In January I received a notice of pending legal action from Lowell. I thought that the debt was already statute-barred so on advice I sent a statute-barred letter, not admitting any liability. They replied saying that the debt was still within time.

In March, I requested info under the data protection act, again not admitting liability. This information was sent by Overdales in June so I requested a true copy of my credit agreement under the CCA 1974, again not admitting liability.

In November I received a photocopy of a 'short application form.' 

Is this the same as a credit agreement and is there a time limit for Overdales to provide this information?

Any help would be greatly appreciated.

sourcrates

But you are admitting liability as you cannot send a CCA request, for another persons debt.

Your asking them to provide you with a copy of your credit agreement, that  more or less admits liability, and re-sets the statute barred clock.

The SB one you may have got away with if it was worded "I don`t acknowledge any debt to your company, but if it was mine, it would be statute barred".

Way back in the late 80`s/early 90`s, some application forms doubled as credit agreements for certain credit cards, but on the whole, they are usually separate things entirely.

The consumer credit act allows 14 days for compliance, in reality, no one can provide what`s required within 14 days, as the original creditor always retains the paperwork, if it exists, and these are just guidelines, however the debt becomes unenforceable until they send you what they are supposed to send you, and an application form doesn't quite cut the mustard.

Katy43

Thank you for your reply.

I didn't admit liability in the CCA letter I sent. Does that mean that this debt is unenforceable?

I still think that this debt may be statute-barred and I've been advised to request proof of my last payment without admitting liability but is this a good idea?

Any advice would be greatly appreciated.

fatbelly

Only a court can ultimately decide if something is statute barred so if Overdales ( Lowell) want to try it, let them, then defend the claim.

Legalbeagles can help if it gets to that stage.

Katy43

I've now looked through all the paperwork that has been sent and there is proof that I last paid in July 2016 so it's not statute-barred.

Is a credit card debt enforceable without a true copy of the credit agreement? Overdales have sent a photocopy of a 'short application form' which doesn't include the rate of interest. This was sent to me 5 months after I requested the cca.

please can anyone advise as I'm worried sick.

sourcrates

Katy43 said:

I've now looked through all the paperwork that has been sent and there is proof that I last paid in July 2016 so it's not statute-barred.

Is a credit card debt enforceable without a true copy of the credit agreement? Overdales have sent a photocopy of a 'short application form' which doesn't include the rate of interest. This was sent to me 5 months after I requested the cca.

please can anyone advise as I'm worried sick.

Like I said before, its probably not a credit agreement they have sent you, it doesn't have  to be a true copy, any old reconstituted copy will do, as long as it contains the correct information, a copy credit agreement would have your name/address, the financial details of your financial product, copies of any terms and conditions applicable, if any terms had been updated, copies of those as well, it would not require a signature to be valid, but anything they send you must be legible, so you must be able to read it.

Its quite common for a creditor to send an application form in response to a CCA request, and try to pass it off as an agreement, for the majority of accounts, that would not be sufficient to satisfy such a request, it usually means that this is all they have on you, and are hoping you are naïve enough to accept it.

I would either do as fatbelly suggests, wait and see if a court claim comes out of the woodwork, if it does, you have a very good defence to the claim, or, you can just write back stating what they have sent you does not constitute a valid response to your CCA request, and therefore your account remains unenforceable until they send you what they are supposed to.

You will still retain that defence should any claim be made, so I think your in a reasonably good position here.

Katy43

Thank you so much for your reply.

Will this now wreck my credit rating?

sourcrates

Katy43 said:

Thank you so much for your reply.

Will this now wreck my credit rating?

Is this your only bad debt ?

I suspect its been defaulted for years by now, so your credit file is what it is regardless.

Defaults remain for 6 years, paid or not, then vanish forever.