When to request a copy of CCA

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francolin
francolin Posts: 26 Forumite
in Credit cards
I was thinking about requesting a CCA for an account that I haven't made any payments to for years. It has been passed on to another company. I haven't responded to any letters that they have been sending and have had no other contact with them.

Should I send them a CCA request even though I have no repayment plan in place with them?
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  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    If you know you owe it what’s stopping you repaying it?

    You’ve also posted in the wrong forum.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    francolin wrote: »
    I was thinking about requesting a CCA for an account that I haven't made any payments to for years. It has been passed on to another company. I haven't responded to any letters that they have been sending and have had no other contact with them.

    Should I send them a CCA request even though I have no repayment plan in place with them?
    What type of account is it? Credit card, loan, store card etc etc?


    The CCA guidance is linked below:
    Debts - why, how & when to ask for the CCA agreement
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    Combo Breaker First Post Newshound!
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    If you are sure the debt is statute barred then ignore all correspondence. Contacting them is what they want so they can start harassing you to pay.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    edited 6 November 2019 at 9:38PM
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    On second thoughts, I agree with Ben above. The account should be statute barred if you can answer yes to ALL of the following four points:
    • it had been more than six years since you last made a payment; and
    • the creditor has a cause of action more than six years ago; and
    • you haven’t acknowledged the debt in writing during this time; and
    • the creditor hasn’t already gone to court for a CCJ.

    The cause of action would be the date of default.

    https://debtcamel.co.uk/statute-barred-debt/
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • francolin
    francolin Posts: 26 Forumite
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    I thought I'd posted under Credit Cards. On my phone it still comes under credit cards. If it's wrong, should I delete it?

    And the reason I'm not making a repayment is because I can't afford to. And the reason I want to make a CCA request is the same reason why 99% of people do.
  • francolin
    francolin Posts: 26 Forumite
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    It's for a Credit Card. It's been about three years since I last made a payment to the Credit Card company. During that time it's been passed on. So it won't be statute barred. I know that some people make the CCA request and then make an offer for a full and final settlement. But I'm not really in a position to do that. So should I make a request in the hope that they won't be able to fulfill it? The account itself is at least 12 years old. But I got into trouble with it about 3 years ago and stopped making payments.
  • nic_c
    nic_c Posts: 2,928 Forumite
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    Hmm, clutching at straws. You do know i you do a CCA request, they can reconstitute one and it doesn't have to have your signature on - it will just state its reconstituted. Has the company that passed on to been in contact recently?
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    You’re wasting your time.

    Save up and get the debt paid.
  • francolin
    francolin Posts: 26 Forumite
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    They rang me on my home number recently. I was not in to the call. (I'm usually not at that address). They left a message to the person who answered to call them back. But I haven't yet. So I'm basically wondering if I should call them (obviously it will be to make regular payments), or if I should ask for a CCA first before I even bother.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    Yes, you should submit a CCA request for the credit card account. If they cannot provide you with the correct paperwork then it will increase your options.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
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