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Very old store card debt, Am I right?


stevesmart36
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I CCA'd Howard Cohen on 12/03/2007 regarding a very old Burtons store card I had. I have been paying them £5 a month for about 12 years. There was a CCJ on my file regarding this but it has long since dropped off.

 

They signed for it the following day.

 

On Saturday I recieved a full statement and a copy of a Deed of Assignment. The DOS did not have any reference number on the front and was dated some 2 1/2 years after I had been taken to court. Basically, I do not believe this DOS is the correct copy. But crucially, they have failed to supply a copy of the original CCA. Bleating on about the fact the account was opened in 1987 (my heart bleeds) and their client has long since destroyed the original.

 

Am I right in thinking that it makes no difference whatsoever that this agreement is 20 years old? I orinally owed around £734.00, according to the statements I have paid £812.00. I do not want to pay them anymore. They have defaulted on the 12 day rule and will shortly commit a criminal offence. Furthermore, I am 100% certain that the vast majority of the original debt was made up of unlawful penalty charges, what's my chances of claiming these back?

 

Any advice gratefully recieved.

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As there is a CCJ for the debt, I'm not sure how you stand re them not sending you a copy of the agreement.

Hope someone can offer you advice, but do a site search and you might find a thread similar which tells you.

Good luck,

Zim

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You have a CCJ on this debt so the CCA would be of no use to you as the debt has already been enforced.

You can try to claim back charges from that long ago, but you need to be aware of the Limitations Act, and searc the site to see how others have got on, and make sure you know the argumements you will be using.

Consumer Health Forums - where you can discuss any health or relationship matters.

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