CCA request - unable to provide but chasing for money

DellyC

Hi, 
I sent a cca request to wescott regarding a loan from 2015, the bank then sent a letter (via wescott) to say there is no cca agreement, I then had another letter saying as the loan is so old they can't provide a cca agreement under GDPR and that the loan still stands and I have to pay and as its GDPR the loan remains enforceable. They said in the letter I could refer to ombudsmen, but that I would still have to pay the debt. 2 questions.. Is what they say correct? And I have referred  to the ombudsmen but understand as its regarding something from over 10 years ago they may decline to take the complaint, is this correct?
Any advice is appreciated, thank you. 

ManyWays

Which bank is this?
Is the debt marked as defaulted on your credit record (it may already have dropped off if it was)?

fatbelly

It's sort of correct. The debt still exists, so they can ask you to pay it.

It's just that if they started a court claim, you would have a defence that should work.

I doubt the Ombudsman is going to help, unless they are making misleading statements. No downside in trying though.

What most people do in your situation is just to blank them until it goes statute barred. There was a thread about this yesterday

https://forums.moneysavingexpert.com/discussion/6643889/home-visit-letter-from-link-dated-25th-november-2025-for-unenforceable-debt

Rob5342

They often choose their wording to be as close as lying as they can get away with to try and fool people into paying, typically with phrases like "valid and collectable", they shouldn't be explicitly stating that it's enforcable when it's not though.

Complaints to the FOS have to be within 6 years of the event happening, or within three years of you becoming aware you could complain. The event you would be complaining about is how they handled it when you contacted them about the cca, not about how the loan was given to you originally.

I'd probably just keep quiet and use the lack of a CCA as a defence when and if they send an LBA.

sourcrates

Remember their job is to get money out of you, so everything they say is geared up to that effect, it doesn't matter what they say, it doesn't matter how many times they write or call, the only way they can force you to pay is via the courts, and as others have pointed out, without a valid credit agreement, any claim they start would likely be unsuccessful, as long as you were to defend it of course.

Just block all contact from them, when did you last pay it? has there ever been a period of 6 years or more without any payments?

DellyC

Hi, Thanks for all the information, it defaulted years ago and dropped off my credit report around 2024. I haven't paid for a couple of years.