copy of credit agreement and account DENIED

paulhgc

Hi everyone i had a debt over 20 years ago where i offered £1 a month to which i have been paying for 20 years 

i have had no contact for many years until

Recently caboot was contacting me constantly along with orbit knocking the door 

So as i was reading this forum i sent them a request for this account history and signed credit agreement 

Here is the reply 

Your request for information under the consumer credit act 1974 

Unfortunately it appears the bank are unable to provide the reqested documentation if at any stage the documents become avaliable we will forward theese to you and the account will become enforceable ,once more if recieved within the relevant limmitation period 

What does this mean 

This means we are not permitted to obtain a ccj 

Although your account is currently uneforceable the balance remains payable and due 

so my question is how do i approach this ? 

elsien

Stop paying because there is nothing they can do about it. Carrying on paying a token pound a month just keeps dragging it out on your credit history. If you hadn’t  been paying a pound a month It would have defaulted long before now.
The debt collectors will probably carry on harassing you for a bit, but they are powerless. 

ManyWays

Stop paying and send them an email saying you will not be paying while it remains unenforceable. After sending this you can ignore further communications for Cabot (EXCEPT a letter Before Action/Claim, you can recognise one of these by the fact there is a Reply Form attached,. If you think you get one of these, which is very unlikely, dont ignore it but come back here and ask about it immediately)

Is this debt still showing on your credit record? If it is, its time to complain about that!

paulhgc

ManyWays said:

Stop paying and send them an email saying you will not be paying while it remains unenforceable. After sending this you can ignore further communications for Cabot (EXCEPT a letter Before Action/Claim, you can recognise one of these by the fact there is a Reply Form attached,. If you think you get one of these, which is very unlikely, dont ignore it but come back here and ask about it immediately)

Is this debt still showing on your credit record? If it is, its time to complain about that!

thankyou 

there is no record of this debt on my file 

at the end of letter it also states 

where you have an existing payment arrangment with us we will continue to honor and regulary review this unless you miss payments , Please note that any repayment arrangment does not affect or modify or vary the original terms of the credit aggrement we have just relaxed them to assist you with your current finnancial circumstances 

Rob5342

Yes you can just ignore it now unless you get an lba as there is nothing they can do without the cca. 

Debt collectors can be quite creative in their wording to try and deceive people into thinking they are obliged to pay when they aren't. "Payable and due" is a typical sort of phrase they use, technically correct as the debt still exists but completely meaningless for an unenforceable debt. 

paulhgc

Rob5342 said:

Yes you can just ignore it now unless you get an lba as there is nothing they can do without the cca. 

Debt collectors can be quite creative in their wording to try and deceive people into thinking they are obliged to pay when they aren't. "Payable and due" is a typical sort of phrase they use, technically correct as the debt still exists but completely meaningless for an unenforceable debt. 

How likeley are they to do a LBA ? 

RAS

It's not statute barred because of your payments. 

Under English law the debt still exists but they cannot enforce it in court. Nor can they make any further report on your credit record.

They can try to get a CCJ, but you have a full defence as long as the documentation is missing.

What you don't do is ignore any Letters before Action. They could be bluffing or they could hope you don't understand the implications of the letter. Come back here promptly if that happens.

Meantime, copy, scan and save that letter.

sourcrates

The template letters they send contain generic wording that may not apply to every customer, so pay no attention to the bits that make no sense.

I would say the debt originally defaulted a while ago, and after six years was removed from your credit file.

Your £1 payments kept it alive and collectable, but as with many older debts, lenders only keep the required paperwork a finite amount of time, after which it is disposed of, which is why its unobtainable now, and without the evidence of liability, they cannot obtain a judgement against you in court.

However they could get one by default, if they were to start legal action, and you were to ignore all correspondence, and not defend the claim, then it is possible, so just keep an eye on any post they may send you.

Eventually they will get bored and go bother someone else, as collection activity can appear to be quite random and sporadic, a letter explaining your position on this matter may stall further collection efforts by Cabot.

Brie

If anyone comes to your door tell them to submit all requests in writing.  Don't let them in, don't answer any questions.  Don't open the door if you know it's them.  

If they ring or text you block their number or reply stating they need to erase the number and send any correspondence by post.  

If you move update them by post asking them to erase any previous address.  That will prevent anything slipping past you that is relevant.  

paulhgc

Thankyou everyone some very helpful advice