Virgin CC No CCA but No Default

Pretty much as the title says. I stopped paying my Virgin CC debt over a year ago and did a CCA request in January 2023. I've not heard back but they did cash the cheque and apply this to the account which I thought was odd. I'm confused where this leaves me as without it being defaulted there is no starting point for the 6years till it would drop off my file? Any advice?

Comments

  • Mark_d
    Mark_d Posts: 411 Forumite
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    So you stopped paying your credit card debt...and then cleared the outstanding amount via a cheque payment?
    I don't know what a CCA is but if there is no default showing on your credit reports and the account with Virgin is now settled, then happy days.
  • stu12345_2
    stu12345_2 Posts: 899 Forumite
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    edited 19 February at 5:05PM
    the £1 cheque should never be used to reduce your balance, it is only for the cost of the cca request.  them using that money can be seen as you still making a payment from the date they cashed the cheque and could affect the statute barring date, if you are also concerned about statute barring as well as default date. 
    I to also have done cca requests and two debts are still not defaulted despite not making payments since the cca request date, the creditors never even responded to my cca requests, they hence never also cashed or returned the £1 cheques, they ignored my cca requests.
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    Sometimes creditors will apply the statutory £1 CCA payment against your outstanding debt, I swear down they do it on purpose just to add more confusion.

    You have two choices here, depending how deeply you want to get involved, you can just ignore things, and carry on regardless, or send a complaint informing them that what they have done is contrary to section 77/79 CCA 1974 and to properly deal with your request.

    Your account remains unenforceable as they did not respond as required, however it leaves unanswered questions, and you really want closure on this.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Rob5342
    Rob5342 Posts: 1,474 Forumite
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    I was in exactly the same position. I hadn't had a CCA response for 6 months so I wrote again asking them to confirm it was enforceable. After another 6 months I had a letter apologising for not sending it and then they sent it a month after that. I also made a complaint about them not defaulting me. They rejected that and I took it to the FOS who also rejected it but Virgin defaulted me a week later.

    Personally I'd make a complaint about them.not defaulting you as that has a king term impact, but ignore the CCA request as you don't want it to be found. If they take this long finding one for an active account then hopefully they'll take even longer once it has been sent to a DCA.

    I've dealt with 8 creditors on my DMP and Virgin were by tar the most difficult.
  • Emmel
    Emmel Posts: 122 Forumite
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    Rob5342 said:
    I was in exactly the same position. I hadn't had a CCA response for 6 months so I wrote again asking them to confirm it was enforceable. After another 6 months I had a letter apologising for not sending it and then they sent it a month after that. I also made a complaint about them not defaulting me. They rejected that and I took it to the FOS who also rejected it but Virgin defaulted me a week later.

    Personally I'd make a complaint about them.not defaulting you as that has a king term impact, but ignore the CCA request as you don't want it to be found. If they take this long finding one for an active account then hopefully they'll take even longer once it has been sent to a DCA.

    I've dealt with 8 creditors on my DMP and Virgin were by tar the most difficult.
    Rob did Virgin remove your account from your credit report? Mines is defaulted but they have now removed it totally from my credit report
  • Rob5342
    Rob5342 Posts: 1,474 Forumite
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    Emmel said:
    Rob5342 said:
    I was in exactly the same position. I hadn't had a CCA response for 6 months so I wrote again asking them to confirm it was enforceable. After another 6 months I had a letter apologising for not sending it and then they sent it a month after that. I also made a complaint about them not defaulting me. They rejected that and I took it to the FOS who also rejected it but Virgin defaulted me a week later.

    Personally I'd make a complaint about them.not defaulting you as that has a king term impact, but ignore the CCA request as you don't want it to be found. If they take this long finding one for an active account then hopefully they'll take even longer once it has been sent to a DCA.

    I've dealt with 8 creditors on my DMP and Virgin were by tar the most difficult.
    Rob did Virgin remove your account from your credit report? Mines is defaulted but they have now removed it totally from my credit report

    Yes it's not on there at all now. They sold it on so I was expecting the DCA to start reporting it, however 4 months on and it's still not showing.
  • Fixmeup
    Fixmeup Posts: 20 Forumite
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    Thanks all, useful stuff. I have an outstanding irresponsible lending complaint which is due to be concluded next month with the Ombudsman so will hold fire for now and see the result of that and what situation that leaves. It definitely wont clear the balance but not sure I will be too keen to clear the balance if unenforceable.
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