Old debt - finally near the end but unsure of options

[Ellison50]

I am financially at  point where I can see the light at the end of the tunnel regarding my debts.

I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful).

This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership.

Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times.

The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago.

I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request.

I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with.

I also got my up to date credit file and this debt is not showing on it with the current creditor or any others.

I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks.

I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.

 

I have two questions (but am open to anything else anyone would like to add):

1) Based on the above, does anyone think this account enforceable? I do not think it is?

2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that.

Thank you for any help or input anyone can provide. It is appreciated.

Edited May 12 by Ellison50

[dx100uk]

no cca = no pay...NO EXECEPTIONs.

dx

[dx100uk]

name names too!

[fkofilee]

Why would you do a Freedom Of Information Request? Thats for public and government bodies only... 

 

Either way, this is what happens in debt collection. Accounts sold as a figure on a spreadsheet loaded into a system that contact people to pay until they give in . 

They never send the original agreements with pruchase.

And yes, please do name names..

[London1971]

You are wasting your time with Citizens advice, you are wasting time contacting the DCA, You are wasting your money paying another penny of this debt. You sent a CCA request and they haven't come up with anything, that's all you need. They won't come up with anything after 12 years, just stop paying right now.

[Ellison50]

Thank you for your reply.

I know the FOI is usually for public bodies.

I have been lazy in my wording in this post.

It was actually a Subject Access Request (SAR) under the Data Protection Act 2018. My fault.

I do not feel confident naming the organisations yet as it feels like I am weakening my position by information exposure.

When I know that I am in the situation that I think I am, I would be happy to share.

The last 12 years, although the debts were controlled, with agreed payments have been hell on my mental state

Over the years I have dealt with the CCJ's and got substantial write offs.

This one is the last and did not go through the court.

This all happened due to a job loss from the employer folding.

When you have never dealt with this sort of stuff and advice is mixed, you can end making mistakes.

Mistakes that have implications for years.

Thank you to everyone who has commented on this post.

It has confirmed that I am where I believe I am.

I will wait and see what happens.

Thank you again.

[dx100uk]

1 hour ago, Ellison50 said:

When you have never dealt with this sort of stuff and advice is mixed, you can end making mistakes.

then dont listen to useless CAB and NDL then.

you've been here almost as long as me and i find no thread whereby you've been given wrong advice from CAG members

you just seem to go your own way and sometimes not listen and follow the advice we give.