I have just got back a CCA. payment history

Sacredspacing

They have said 'any temporary unenforceability no longer applies.' They have sent the payment history which starts from July 2017- June 2026. But July 2017 payment says GAP PAYMENT and they have stamped the CCA with 'received for and on behalf of the issuer 20/09/2011' So it looks like there is almost a six year period where nothing was paid. Does that mean this debt can be written off? Is there any way I can challenge it. I have paid a significant amount in July 2017 and since then have paid a token £1 payment ever since. the debt now stands is 3541 Would appreciate any advice.

fatbelly

Temporary unenforceability refers to them being unable to supply a copy of your credit agreement following your formal request under the Consumer Credit Act. So i assume you did that and they now think that they have complied. Have they actually sent a copy of your agreement to you?

Whether the debt is unenforceable under the Limitation Act would hinge on there being a six year period when you did not acknowledge the debt by payment or in writing. Was there ever that 6-year period?

ManyWays

"So it looks like there is almost a six year period where nothing was paid"
I do not see what the date of that CCA stamp has to do with whether there was a gap of more than 6 years before 2017 when no payments were made.
Do you know what the default date of the debt was?

Sacredspacing

Yes, they have sent me a CCA but i can see there were no payments for 5 years 10 months. so i suppose that means its enforceable? They haven't sent me pay history going back to 2011 but it has been stamped that CCA was September 2011 and my first payment was in July 2017 which is non payment to them for 5 years 10 months.

Sacredspacing

That's a point. I don't know what the default date of the debt was. Do you know how you find this out?

sourcrates

https://forums.moneysavingexpert.com/discussion/comment/82031937#Comment_82031937

Should be on your credit report, unless its over 6 years since default and has been removed.

JibberdyDacodo

https://forums.moneysavingexpert.com/discussion/comment/82031937#Comment_82031937

You could try a Subject Access Request (SAR), presumably from the original lender. Not sure though how that might (if at all) affect your position re SB.

ManyWays

is this debt showing on any of your credit reports? Check Experian app, Credit karma report and Clear Score report. Also look in the closed/settled parts of the reports.

If it is not visible on any of them, that is a good clue that a default date of over 6 years ago was once there and has now dropped off.

Sacredspacing

Thank you everyone for the advice. I have looked on the credit file and the debt isn’t showing which surprised me. There is nothing in the closed settled parts of the report. But someone said to me it may be because the debt collector has simply did not report it to the credit file. Not sire what to think. Could try to get an SAR. Thank you for the advice.

Sacredspacing

Very pleased! Received a letter today saying ‘Following a further review of the documentation provided to you, we note that the agreement refers to terms and conditions which are not available. As a result, your account is considered unenforceable!” So even though it was stamped with a date which was slightly less than 6 years ago it didn’t actually mean anything. Thank you everyone for your advice