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  • FIRST POST
    • mst1973
    • By mst1973 3rd Feb 18, 5:36 PM
    • 2Posts
    • 0Thanks
    mst1973
    cca missed deadline
    • #1
    • 3rd Feb 18, 5:36 PM
    cca missed deadline 3rd Feb 18 at 5:36 PM
    hello sorry if i have posted in the wrong place but i dont seem to be able to find a new post button anywhere...
    anyhow i would like to ask what to next.
    i have an old debt of 3600 pounds off an old sainsburys credit card dating back to 2004. Arrow global now seem to own the debt. i am unemployed so was unable to pay any payments for some years now just paying a small amount back till about 6 months ago when i sent a cca request as they were threating to take me to court . i got a letter stating that they will put collection on hold till they provide me with cca. 6 months have passed and they have just sent me what looks like a badly recontructed photocopy of cca with my signature on and a few trems of charges on rear of sheet in tiny text that looks like its been copied and pasted!.should i send a letter stating the cca deadline of 12 plus 2 days has passed and the debt is unenforceable ?
Page 1
    • sourcrates
    • By sourcrates 5th Feb 18, 1:18 PM
    • 14,368 Posts
    • 13,553 Thanks
    sourcrates
    • #2
    • 5th Feb 18, 1:18 PM
    • #2
    • 5th Feb 18, 1:18 PM
    Hi,

    The 14 days are just guidelines, and the debt only remains unenforceable until they respond to you, which they now have.

    A reconstructed version is fine, but it must be legible, and as your account date is prior to April 2007 when the law changed, they must also provide the full "prescribed terms" applicable to the account as well.

    May be worth getting the paperwork looked at try a site called "all about debt", they may be able to help.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #3
    • 5th Feb 18, 2:40 PM
    • #3
    • 5th Feb 18, 2:40 PM
    Hi mst1973 and welcome to the forum.


    On a slightly different note, you mentioned you could not pay the debt for some years. Has there been 6 years in which no payments have been made towards the debt and you have not acknowledged it in writing? If so you may be able to argue the debt is statute barred, meaning they have run out of time to use court action to collect the debt and you would not have to pay it back.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • mst1973
    • By mst1973 5th Mar 18, 6:19 PM
    • 2 Posts
    • 0 Thanks
    mst1973
    • #4
    • 5th Mar 18, 6:19 PM
    • #4
    • 5th Mar 18, 6:19 PM
    hi thanks for reply unfortunately i had a payment plan about a year ago .the cca has no prescribed terms as such ,just a table of some terms photocopied on back of copy off cca dont think they were part of the origional cca. also no mention of credit limit. maybe i should look into that.
    • January2015
    • By January2015 5th Mar 18, 6:42 PM
    • 2,095 Posts
    • 5,188 Thanks
    January2015
    • #5
    • 5th Mar 18, 6:42 PM
    • #5
    • 5th Mar 18, 6:42 PM
    Visit the website - all about debt - they will look at your CCA and advise you if it is enforceable or not
    DFW Nerd No. 1484 LBM 07/01/15 Debt was 95k I'm driving it down
    1k emergency fund (member #84) 1k/1k
    [COLOR=Blue][SIZE=2]
    • fatbelly
    • By fatbelly 6th Mar 18, 9:00 AM
    • 12,362 Posts
    • 9,403 Thanks
    fatbelly
    • #6
    • 6th Mar 18, 9:00 AM
    • #6
    • 6th Mar 18, 9:00 AM
    I Agree with all of the above. You may have missed a subtlety in Susie's post - if there was ever a period of 6 years when you did not make a payment to this debt (or acknowledge it in writing) then it became statute barred at that point and remains so - it cannot be revived by subsequent payment.

    I think you can probably sow sufficient doubt in their mind that they will not risk court action and, if they do, you have resources from this site, the one mentioned, and also legalbeagles, to defend it.
    • January2015
    • By January2015 6th Mar 18, 10:19 AM
    • 2,095 Posts
    • 5,188 Thanks
    January2015
    • #7
    • 6th Mar 18, 10:19 AM
    • #7
    • 6th Mar 18, 10:19 AM
    I Agree with all of the above. You may have missed a subtlety in Susie's post - if there was ever a period of 6 years when you did not make a payment to this debt (or acknowledge it in writing) then it became statute barred at that point and remains so - it cannot be revived by subsequent payment.

    I think you can probably sow sufficient doubt in their mind that they will not risk court action and, if they do, you have resources from this site, the one mentioned, and also legalbeagles, to defend it.
    Originally posted by fatbelly
    I've learnt something new today in the world of debts and legislation. Many thanks for this really useful post Fatbelly

    No help to me personally [yet ], but it is really useful to know
    DFW Nerd No. 1484 LBM 07/01/15 Debt was 95k I'm driving it down
    1k emergency fund (member #84) 1k/1k
    [COLOR=Blue][SIZE=2]
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