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Old credit card debt


welshmishy
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Hi please can you help, my husband had a credit card {£1301.66} with providian about ten years ago. He stopped paying it due to not being able too as we had got into debt and arrears on our mortgage, he was self employed at the time.

 

Then in 2003 we had a letter from cabot financial to say they had the debt , we started paying them £5 amonth until 20/07/2004 and stopped due to our debts and arrears got alot worst. we paid two lot's of £10 in 2005 then from 18/07 2006 we started paying £30 amonth due to the debt balance had gone up to 1747.85 can't remember why now. We paid the £30 amth till 18/9/2007 and then £35 for 3 payments. We couldn't keep the payments up so we went down to £5 amth in feb 2008 we paid them this up till the 26/02/2009. Balance now at £1187.85

 

My husband was then told by debtline to ask for his signed credit agreement to check the debt was being charged the same rates when he took it out, we did this and they couldn't get it but said they will still try. We have had a letter { after waiting for this over 18mths} dated 4/09/2010 with all the payments made and dates plus the interest added since waiting on the agreement so the balance is now £1326.63 and a potocopy of an blank credit agreement plus terms and conditions , which is not in my husbands name and he has not signed so because the debt is so old how do we know it's his ?? It just says mr sample and sample address etc??

 

They are now saying they will county court him if we don't pay it in full or pay monthly , can anyone help us with this please.

 

many thanks

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They cannot take any court action unless they can produce a signed enforceable agreement. Send them this letter;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

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Many thanks for your help with this , can i just ask is their a time limit from when we asked for the agreement and sent them the fee for them to reply beofre the debt is no longer enforceable as we waited for over 18mths for this.

 

Thanks again for your help:-)

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Hi,

Unfortunately not. While they couldn't supply an agreement, they should have suspended collections however as soon as they provide a VALID agreement, they could then carry on chasing.

As they've sent you bu**er all really, the account is in dispute

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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