22 Mar 2015

A question about : Debt Collection Agencies......can I ask for CCA's if original debts were pre-2007?

Hi, I've been reading these forums with interest to my own circumstances.
I had been with LLoydsTSB from 1997, current account and a credit card. When I went back to University in Sept 2010, I was told that I should just keep the same account as I had a good credit rating with them and not change to a student account. I was given a Ј1000 overdraft to help too.
In 2011, they pull the plug on my overdraft, even though everything had been running correctly, and passed me onto what is now STEP CHANGE. As my income since leaving Uni is very low, these debts have now been passed onto Moorcroft (lovely people....hmmm) I now pay them Ј1 per month, debts are Ј2500 credit card, Ј1400 current account. Can I ask for the CCA as you've stated, as my account etc was taken out prior to 2007? If they can't show me the original, can I be pursued? Or do I have to continue as I am already paying them money, can't exactly deny my debts.
My two catalogue accounts, both started earlier than 2007, also had to be dealt with through STEP CHANGE, and are now with NDR, can the same be done with them? I pay them Ј5 each, debts are Ј550 & Ј600.

Sorry to be long winded, but am hoping that something can be done as I can't see an end to my debts. STEP CHANGE can't help me anymore as I don't earn enough money to pay my debts, they suggested I contact my 4 debtors with token payments, hence why I only pay them a little.

Best answers:

  • Yes you can ask for CCAs on the credit cards and catalogues but not the overdraft. Doesn't apply to overdrafts.
  • Hi OP,
    You can make a CCA request for any running credit account you hold, except an overdraught, as that is not governed by CCA1974.
    If all your accounts are pre-2007, you are in luck !!!
    To fully comply with a CCA request for a pre-2007 credit agreement, the creditor must send you a copy of the original agreement, which must contain ALL of the prescribed terms applicable to that account, on the same page, and it must also contain your signature.
    If they cant/don't produce this document, they cant get a judgement against you in court, if they do produce it, and all, or some, of the prescribed terms are missing, then its likely it would be unenforceable in court, if they produce it and all the terms are there, then they have fully complied with your request.
    Around 75% of pre-2007 agreements would be unenforceable, especially your catalogue accounts as they were terrible at getting paperwork signed, hope this helps.
  • Is there a template letter on here anywhere so that I can use it to request a CCA?
  • here https://www.nationaldebtline.org/EW/...n/Page-04.aspx
  • Best check back when they reply.
    NDR in particular may well send you a lemon and swear blind its good enough.
    Sometimes you have to stop paying or send a complaint to get a response from some companies.
  • does this the above relate to a store card?
  • Catalogues and store cards were the worst for not having properly compliant agreements. Sometimes there never was an agreement.
  • Hi, sorry for hijacking your thread but I have read a few things about this and I still don't understand. Am I correct that if I write to the companies requesting a copy of the credit agreement and they can't supply it or it is incomplete, does that mean the debt is unenforceable ? Would the DMP people not be aware of this and do this on my behalf ?
    Sorry for being a numpty re this
  • Brilliant, thanks, will do this first thing on Tuesday
  • Would it be the original creditor or the DCA that I write to ?
  • And if they can't provide the paperwork, what happens then ?