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  • FIRST POST
    • sporty1
    • By sporty1 28th Mar 19, 1:51 PM
    • 180Posts
    • 16Thanks
    sporty1
    Old Debt passed on
    • #1
    • 28th Mar 19, 1:51 PM
    Old Debt passed on 28th Mar 19 at 1:51 PM
    Hi I trymake it short
    My husband has a old debt must be over 10 years at least originally a Nat West credit card , he was working part time then he ended up on benefit due to ill health and still on them now, and it is unlikely to change in near future , we was paying Nat west what we could afford for years then things got tough and the debt was passed to a debt collector and we ended up in a DMP, over the last 10 years or more we have been chipping away at this debt paying the most we could as the only income we have is esa and income support , we dint own our own house and now have to start paying bedroom tax as we now have 1 spare room so we hardly have anything once we pay normal household bills etc and life insurance etc etc
    This debt has been passed on to about 5 different debt collectors on last 10 years , the latest debt collector we have been paying for last 2 years has sent letter now saying a review nothing has changed except we now have less income , I donít work either I have recently been diagnosed with cancer, in the past family member offered to pay partial payment ( half of the remaining debt to see if they would accept it but they refused ) so we just been paying the £ 1 month for years yes it taking ages but we have no spare money .. do you still have to continue to pay after so many years of paying these debt collectors who just keep passing the debt on, we have never ignored the debt just payed what we could but this debt must be nearly £15 years old now we owe £510
    Any advise please
Page 1
    • Willing2Learn
    • By Willing2Learn 28th Mar 19, 2:05 PM
    • 4,380 Posts
    • 3,918 Thanks
    Willing2Learn
    • #2
    • 28th Mar 19, 2:05 PM
    • #2
    • 28th Mar 19, 2:05 PM
    You are still liable for a debt, regardless of how old it is.

    However, because of the age of the debt, it is possible that the DCA does not have compliant paperwork. If they do not have compliant paperwork then the debt becomes unenforceable, and you could choose whether or not to continue paying. To find out if the DCA has complaint paperwork, you would need to submit a CCA request.

    https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • sporty1
    • By sporty1 28th Mar 19, 2:08 PM
    • 180 Posts
    • 16 Thanks
    sporty1
    • #3
    • 28th Mar 19, 2:08 PM
    • #3
    • 28th Mar 19, 2:08 PM
    You are still liable for a debt, regardless of how old it is.

    However, because of the age of the debt, it is possible that the DCA does not have compliant paperwork. If they do not have compliant paperwork then the debt becomes unenforceable, and you could choose whether or not to continue paying. To find out if the DCA has complaint paperwork, you would need to submit a CCA request.

    https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx
    Originally posted by Willing2Learn
    Thank you whAt is IT I need to request a CCA how do I do that please
    • Willing2Learn
    • By Willing2Learn 28th Mar 19, 2:11 PM
    • 4,380 Posts
    • 3,918 Thanks
    Willing2Learn
    • #4
    • 28th Mar 19, 2:11 PM
    • #4
    • 28th Mar 19, 2:11 PM
    The first link I provided gives you information about what a CCA request is.

    The second link I provided is a template letter for the CCA request. You will need to include £1 (by cheque or postal order in order) for the DCA to process your CCA request.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • sourcrates
    • By sourcrates 28th Mar 19, 2:23 PM
    • 18,428 Posts
    • 17,319 Thanks
    sourcrates
    • #5
    • 28th Mar 19, 2:23 PM
    • #5
    • 28th Mar 19, 2:23 PM
    In a nutshell a CCA request is made to a creditor in order to obtain a copy of your credit agreement under sec 77/79 consumer credit act 1978.

    Failure by the company to comply results in the account becoming unenforceable in court.

    Just making the request, which is your statutory right under the above act, has the effect of putting the account “on hold”, so you don’t need to pay, and also temporarily unenforceable, until the creditor responds to you, however long that may be.
    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 expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • fatbelly
    • By fatbelly 28th Mar 19, 4:28 PM
    • 14,201 Posts
    • 11,216 Thanks
    fatbelly
    • #6
    • 28th Mar 19, 4:28 PM
    • #6
    • 28th Mar 19, 4:28 PM
    I wonder if the credit agreement pre-dates April 2007?
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 29th Mar 19, 2:55 PM
    • 5,527 Posts
    • 5,644 Thanks
    poppasmurf_bewdley
    • #7
    • 29th Mar 19, 2:55 PM
    • #7
    • 29th Mar 19, 2:55 PM
    Send them a CCA request with a £1 Postal Order. Do NOT sign the letter, just print your name.

    https://forums.moneysavingexpert.com/showthread.php?t=709639
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
    • sporty1
    • By sporty1 23rd Apr 19, 5:52 PM
    • 180 Posts
    • 16 Thanks
    sporty1
    • #8
    • 23rd Apr 19, 5:52 PM
    • #8
    • 23rd Apr 19, 5:52 PM
    Thank you whAt is IT I need to request a CCA how do I do that please
    Originally posted by sporty1
    Hi I requested the relevant agreement on the 29/3/19
    I got a reply on the 10/4/19 saying they were looking Ito the account to be investigated for the info I have requested in meantime they will not contact me as they wil need to contact their client and it may take a few weeks
    Upon them concluding the investigation they will contact me again and advise of the outcome
    I then got another letter saying dated 8/4/19
    A request has been noted of me requesting a copy of the credit agreement and they wil be intouch in due course

    Iíve heard nothing since they also sent my £1 postal order back that I sent requesting the credit agreement copy saying it has been returned as their client no longer charges for this

    As anyone any idea how long this CCA should take for them to send me the copy
    Thanks in advance
    • sourcrates
    • By sourcrates 23rd Apr 19, 6:38 PM
    • 18,428 Posts
    • 17,319 Thanks
    sourcrates
    • #9
    • 23rd Apr 19, 6:38 PM
    • #9
    • 23rd Apr 19, 6:38 PM
    Hi I requested the relevant agreement on the 29/3/19
    I got a reply on the 10/4/19 saying they were looking Ito the account to be investigated for the info I have requested in meantime they will not contact me as they wil need to contact their client and it may take a few weeks
    Upon them concluding the investigation they will contact me again and advise of the outcome
    I then got another letter saying dated 8/4/19
    A request has been noted of me requesting a copy of the credit agreement and they wil be intouch in due course

    Iíve heard nothing since they also sent my £1 postal order back that I sent requesting the credit agreement copy saying it has been returned as their client no longer charges for this

    As anyone any idea how long this CCA should take for them to send me the copy
    Thanks in advance
    Originally posted by sporty1
    Could be never if they donít hold one.

    Allow them at least 6 months to comply, could be longer.
    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 expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • fatbelly
    • By fatbelly 23rd Apr 19, 7:47 PM
    • 14,201 Posts
    • 11,216 Thanks
    fatbelly
    Had a response from Cabot about a client's old debt at work (CAB) today. It had changed hands a few times and was probably statute barred anyway. Back in August they wrote to us and we challenged them to prove the debt. They have told us today that they are dropping the matter.

    Always worth a challenge
    • sporty1
    • By sporty1 14th Jun 19, 10:06 PM
    • 180 Posts
    • 16 Thanks
    sporty1
    Hi update
    I got reply from my request CCA to be sent to me saying saying
    They were trying to find it
    Weeks went by and still not received it , I contacted National debt line, they told me to request a SAR to
    Yesterday I recievdd a letter from the debt company saying they do not have the CCA and the debt is therefore UNINFORCABLE ?
    Also I recurved a letter saying before they send me any SAR information they hold on me they want me to send them proof of adress ( bank statement driving livience etc to make sure I am the right person ?
    They have been sending me letters for years so they know who I am
    I don’t really want to send my personal information they have all my details adress etc on file why can’t they send the SAR out I have requested without me confirming who I am , seems strange they are asking for this now I have requested the SAR
    • sourcrates
    • By sourcrates 14th Jun 19, 10:28 PM
    • 18,428 Posts
    • 17,319 Thanks
    sourcrates
    You don’t need the SAR now, they have confirmed its unenforceable.
    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 expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • fatbelly
    • By fatbelly 15th Jun 19, 7:38 AM
    • 14,201 Posts
    • 11,216 Thanks
    fatbelly
    Hi update
    I got reply from my request CCA to be sent to me saying saying
    They were trying to find it
    Weeks went by and still not received it , I contacted National debt line, they told me to request a SAR to
    Yesterday I recievdd a letter from the debt company saying they do not have the CCA and the debt is therefore UNINFORCABLE
    Originally posted by sporty1
    Well done!
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