The Consumer Credit Act (CCA) gives you the right to be sent a copy of your credit agreement and a statement of your account for most loans, credit cards, catalogues, store cards and Hire Purchase agreements.
CCA agreements are important! If a creditor can’t find it then:
- you can’t get a CCJ for the debt; and
- you may decide to stop paying the debt.
But the right to ask for the CCA agreement doesn’t apply to:
- debts where there already is a CCJ;
- overdrafts,
- many household bills or tax debts;
- pre 2008 loans for more than £25,000;
- mortgages.
Sometimes asking for a CCA agreement is a good idea, but not always.
It shouldn’t normally be your first thought if you are having trouble paying a debt to the lender.
Asking for the CCA normally only works if your debt has been sold to a debt purchaser – unless the debt is very old.
Contents
How to ask for your CCA agreement
There is a template letter to ask for your credit agreement in this National Debtline factsheet. That factsheet also has a lot of information about CCA agreements and if you have any problems with one, talk to National Debtline.
This is not the same as templates asking for a copy of your personal information or making a Subject Access Request. If you want to find out if the debt is enforceable, use the specific CCA agreement wording.
Some points to be careful about:
- ask the current creditor for the CCA agreement, not the original creditor;
- you have to send a cheque or a postal order for £1;
- send the letter recorded delivery, keep a copy of it and the postage receipt.
Also read the rest of this article first! You need to know what you will do if the lender sends you the agreement and what if the lender doesn’t.
What happens if they don’t send the CCA agreement?
If you don’t get a copy of your CCA agreement within 12 working days of asking, the creditor can’t enforce the debt in court until they do send it to you.
If the creditor can’t easily find the CCA agreement they may send you an acknowledgement of your request. Something like the following is typical:
we acknowledge the 12 day time limit to provide this information but as we have to request the details from the original lender we anticipate that we will not be able to provide this within 12 days but hope that within 40 days we will have retrieved the information to comply with your request.
A 40 day period is often mentioned but doesn’t have any legal standing.
It’s very common for it to take more than 12 days to find the CCA. Don’t get excited because the 12 days has passed, it means nothing in practice.
I suggest waiting two or three months before you decide they can’t find the agreement and decide to stop paying them.
“Legal but not enforceable”
The letter from the creditor saying they haven’t found it yet should be clear that the debt is no longer enforceable but it still legally exists.
The creditor can ask you to pay the debt but, if you don’t, the creditor can’t do anything. They can’t hassle you to pay it. A polite letter every 6 months or a year is fine – frequent letters, texts or phone calls aren’t. This isn’t usually a problem in practice.
When a debt is unenforceable, that should be mentioned in any letters asking for payment. Here is what I suggested to a reader who was getting letters that left off this important fact: “Debt collector can’t prove it’s my debt but wants payment”
Here are some more implications of the debt being legal but not enforceable:
- if you claim a PPI refund, this may be set off against the balance you still owe.
- the debt can still be sold to another debt collector. Make sure you keep all the CCA agreement letters or emails so you can just tell the new creditor you asked for the CCA agreement on dd/mm/yy and you won’t be paying anything to the debt until it is produced.
- you may be able to leave the debt out of an application for a Debt Relief Order so it won’t count towards the maximum debt limit. Talk to your DRO adviser about this.
- See below for the effect on your credit record.
“So I can just stop paying?”
If your reason for asking for the CCA was hoping that you could stop paying the debt, then you could stop after 12 working days.
But in practice many CCA agreements are produced in the next few weeks. So, unless you can’t afford the monthly payments, I usually suggest not stopping it immediately. Leave it a couple of months.
If the debt is in a DMP you will have to tell the DMP firm to stop paying it. Dent them the letter from the creditor saying they can’t locate the agreement.
You may find the idea of not paying scary. If you do, talk to National Debtline about this debt and the rest of your financial situation. It does help, being able to talk to a friendly expert!
I would allow the debt collector two or three months before deciding that they aren’t going to be able to find it.
There is a small chance that the CCA agreement could be found later. This seems to be rare – if the debt collector hasn’t found it in the first few months the chances of it turning up later are very low.
“The creditor hasn’t said it is unenforceable”
Occasionally a creditor will tell you they cant produce it but you are still legally liable for the debt which is true, but irrelevant – if they cannot produce the CCA agreement the debt is unenforceable in court.
Sometimes the creditor goes into a lot of detail about how you have been paying so the debt isn’t statute barred. Also true but again irrelevant. You weren’t suggesting the debt was statute barred.
In this sort of situation, tell the creditor that you are not disputing whether you are liable for the debt or whether it is statute barred, but you would like the creditor to confirm that the debt is currently unenforceable as they have produced the CCA.
If the creditor persists with this, make a complaint and then send the complaint to the Financial Ombudsman. Here is the story of a case involving an old HSBC debt, where HSBC had to pay compensation for not admitting the debt was unenforceable.
“What about my credit record?”
Is this debt still showing on your credit record? Check all three credit reference agencies to make sure.
If it isn’t on there, then it will never reappear, whether you pay it in full, in part or just stop paying.
A debt marked as defaulted will drop off 6 years after the default date:
- it will not drop off sooner because the CCA cannot be found;
- the balance will not normally be set to zero because the CCA cannot be found.
When the debt does not have a default date, if you stop paying now, a default will be added and it will then drop off in 6 years. Not good news! Read What should the default date be? and ask the original creditor to add a default date back years ago.
A default will NOT be deleted if the CCA can’t be found. And you shouldn’t want that to happen – it would mean the record would stay on your file for even if you stop paying.
The whole debt will NOT be deleted if the CCA can’t be found. The debt still legally exists, even though it is unenforceable in court, and the creditor is entitled to report your credit history accurately for it.
“Should I offer a low settlement amount?”
Some people decide to offer a low settlement amount. I don’t think this is a good idea. You don’t need to do this! Not paying them anything is a perfectly good response in most cases! It is VERY VERY rare for a debt to turn up later.
A lot of creditors simply reject the low offer, even though you think it is sensible. They know that if they refuse you may decide to give them more. You cannot make a debt collector accept this low offer or complain they are being unfair if they don’t.
If you really want to make a settlement offer, stop paying them for a few months and then make the offer. That shows they can choose between your low offer and nothing.
The only time when you should try to get the debt settled is if it will still be showing on your credit record in a year or two when you want to apply for a mortgage. Then getting the debt marked as satisfied will help your mortgage chance a lot. But if the debt is no longer on your credit record or is dropping off soon, there is no need to do this.
What if they do send the CCA agreement?
How can you tell if it is right?
You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement. It must be legible and it must include:
- your name and address when the account was opened;
- the creditor’s name and address when the account was opened;
- the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
- any other documents that were mentioned in the Terms and Conditions.
It doesn’t have to have your signature on it. Indeed if you opened the account online you may well have signed it “digitally” and there is no document with your physical signature – this is perfectly legal.
If you aren’t sure what you have been sent is correct, you can ask National Debtline about it or you could post about it on the Legal Beagles forum.
This may sound complicated but usually either the creditor admits they can’t find it or what they send you is fine.
What should you do when the CCA agreement is found?
This depends on why you were asking for the CCA agreement.
If the creditor has started a court case (you have been sent a Claim Form) then you may have hoped that the CCA agreement could not be found. But now you have it, that is not a possible defence so you need to think if you have another defence. Talk to National Debtline about your options.
If you were planning on making settlement offers to some debts and were hoping the lack of a CCA agreement could get this one settled very cheaply, that has been ruled out and you need to proceed with a more substantial offer.
If you are fed up with having to pay this old debt for many more years, look at your alternatives. If you just stop paying, you may get taken to court – especially as the creditor now has the CCA agreement ready to hand! If you have more luck with some other debts turning out to be unenforceable, can you now pay more to this one? Or is it time to look at insolvency or other options?
When should you ask for the CCA agreement – and when shouldn’t you?
A lot depends on your exact debts, who the original creditor was, who the debt collector is, and what your other options are for tackling them. So there isn’t a simple checklist here.
How old is the account and has it been sold?
The older an account is, the less likely it is that a CCA agreement will be found. It’s the age of the account that matters, not how old the debt problem is. You may have only defaulted on a catalogue account a couple of years old, but if it was opened in 2010 that’s well worth a try!
For a debt that is still with the original creditor, I wouldn’t bother asking for the CCA agreement unless the debt was VERY old or you are getting letters from solicitors about court action.
If a debt has been sold once it is less likely the current creditor can produce the CCA agreement. And this gets harder the more times the debt is sold on.
Court action and CCJs
If the creditor is seriously threatening court action, always ask for the CCA agreement. It is worth a try!
But when you already have a CCJ for a debt, it is too late to ask for the CCA agreement as the creditor doesn’t have to send it. If you have just found out about the CCJ you need to look at your options for “setting it aside“, not send a request for the CCA agreement.
Contacts about a very old debt you have heard nothing about for years?
If you haven’t been paying a debt for years and you aren’t being hassled by a creditor, you need a good reason to ask for the CCA agreement. It may be better to wait and see if you are contacted and then ask for the CCA.
But when you are contacted about a very old debt, asking for the CCA agreement is a very good idea. you should think first if the debt is statute barred, Talk to National Debtline on 0808 808 4000. They have a template you can send the creditor saying the debt is statute barred. This is simpler than asking for the CCA agreement.
But if the creditor comes back with a reason why it isn’t statute barred, then your next step should be to ask for the CCA agreement.
Hoping to settle debts with a windfall
If you have a windfall – an inheritance say – and you have a lot of debt in a DMP for several years so most of it is with debt collectors, asking for CCA agreements before you make offers is sensible. You don’t need to pay them anything if they cant produce the CCA.
Thinking about bankruptcy, a DRO or an IVA
Where insolvency (DRO, IVA or bankruptcy) looks necessary, it can be a waste of time asking for CCA agreements, unless not paying those debts would make the rest manageable.
Contacted about a debt which not yours
If a debt collector says you owe money but you don’t recognise the debt, you should send them a Prove It! letter saying you dispute the debt. Here the CCA is only part of the picture. You may get sent a copy of the CCA in answer to this – if the name and address on the agreement are yours and you did live at that property at that point, it is good evidence.
But keep focussed on the fact that what matters is proving who the borrower is.
Here is a case “Debt collector can’t prove it’s my debt but wants payment” where a debt collector admitted the debt was unenforceable as the CCA couldn’t be found but wrongly still asked for payment.
Summary
In summary, asking for the CCA agreement is an uncertain process that can take months. If you have a lot of debts, make sure you are looking at the bigger picture, as well as thinking about the individual debts.
Can you really offer just £1 to a debt?
Could a Debt Relief order help you?
When to ask for a debt write off
Dee says
Hi Sara I will try to be brief BPO has taken over from Cabot a CCA was never issued from Cabot and the debt became unenforceable that was in 2019 I have the odd letter from Cabot and
have followed your advice with my correspondence ,I asked BPO for the CCA in april/may and only received a statement back about early June, yesterday I had a letter asking me if I had ever lived in a house with the number 3 and have put the account on hold for 30 days should I ask for the CCA again I did tell them that I would not be paying anything until the CCA was produced, they still haven’t told me that the account is unenforceable yet ,where shall I go from here and why are they asking me about the number 3 house.
Sara (Debt Camel) says
Are you sure BPO has bought this debt? They are a debt colector that Cabot use, so it is more likely they are collecting on behalf of Cabot.
In which case you do not need to ask again for the CCA or respond to any of their questions except to say that Cabot have failed to produce the CCA, the debt is unenforceable and you will not be making any payments.
Matt C says
Hi – just wanted to add that having read your articles I asked for a number of CCAs against old debts with Lowells and after some considerable time they were only able to offer 1 of 5 accounts. Today they’ve emailed, after some chasing, confirming over £14500 now closed and credit file updated. Wanted to say thank you for the articles and advice on how to progress on this site. We politely enquired and got a positive result here. This makes a massive difference to our financial challenges in this household and is the most positive outcome we’ve had for years on getting our lives back on track. Thanks again.
Kaye says
Hi Sarah, I requested my CCA from Intrum on 11/06 and received a letter stating they will request it from Tesco but I’ve heard nothing since. How long do I leave it before I stop paying them and explain to Step Change why I’m not going to pay them anymore?
Sara (Debt Camel) says
I normally suggest asking them after 2 or 3 months to confirm the debt is unenforceable – this picks up error where they have emailed / written to you with the CCA and and you haven’t received it. Then tell StepChange to stop. At this point it is still very possible the CCA will turn up.
Graham says
Hi Sara, not sure if this is something you can help with, but I got a reply after several weeks from the PRA group sending me a copy of the CCA. However it looks like it’s my application form that I initially sent in for a credit card. It doesn’t have an account number or any credit limit and does say “ if application is approved” The signature box that I signed however does state that this is a credit agreement regulated by the consumer credit act. I have taken a photo, but don’t know how to send it.
Sara (Debt Camel) says
See the section in the article above on How can you tell if it is right?
Louise says
Hi,
I had a loan with Natwest back in 2008. In the years since I have been paying this through a DMP with Payplan. They have recently attempted to file for a CCJ which I defended as I had requested the CCA and not received. I have sunce had a letter infirming me tgat Natwest are less than 10% certain any agreement they produce will be representative of the original agreement. However they are nit stating in the letter that the debt is unenforceable. Am i right in thinking that it is unenforceable. Should i advise them that i will not be paying or continue my payments within the DMP?
Sara (Debt Camel) says
Natwest tried to take you to court? That’s really unusual.
Louise says
It’s via Equivo. Apparently they wrote to Payplan requesting an up to date income and expenditure form but they never advised me of the correspondence. The first i heard was when they sent me a precursor to the ccj. I asked Payplan and they advised me to just fill in an updated form via them. Luckily i found your site and followed the advise to request the CCA.
Sara (Debt Camel) says
So did the court case go ahead and you won? or did Equivo just withdraw the case when you asked for the CCA?
I guess the balance must be sizeable?
Louise says
Hi, they went ahead with proceedings in spite of not providing the CCA. Once I sent through my defence to the court they wrote to me advising they could not produce an accurate representation of the agreement, saying they may accept a Tomlin Order. It’s a £13k loan. As far as I can see the case hasn’t been withdrawn at this time.
Sara (Debt Camel) says
So you had asked for a CCA and they had not produced it before they started court proceedings?
That is a very large debt. It may be possible to get a solicitor to take this case on a no win no fee basis.
Clare Colman says
Hi Sara could you advise me please
Lowell recently wrote to me as they have bought hoist and the debt they are stating I had a GE capital card back in 2009 and still owe the money only thing I can think of is I got an administration order back then for 3/4 debts and the court ordered my too pay £10 a month too pay the creditors after two years I got an attachment of earnings and it was increased too £30 a month I continued too pay that for anther 3 years so 5 years in total then revived a later I still have saying the debt was paid back from the court Lowell are not interested they said they will still continue too recover the debt any help or advice I would be very grateful for
Many thanks
Clare
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000. This sounds as though the debt may be statute barred – too old to be enforceable in court. If National Debtline agree, they have a template letter you can send Lowell
Graham says
So, that looks like it could have been statute barred about 10 years ago. Is it usual for a debt company to still chase a debt even though it no longer exists after that many years?
Sara (Debt Camel) says
oh yes… until you challenge them…
Jean says
Hi Sara
I have today received a letter from a solicitors regarding a debt that Lowell took from a catalogue I had from 2015. I believed I paid the catalogue off around 2018, but last year Lowell sent me a letter saying I owed over £3000. I challenged it, and I got a court letter about mediation. I done mediation 5 weeks ago and in that mediation I said to the lady that I believed I paid the catalogue off and I wanted to see the CCA as I never had a credit limit of over £500 so I didn’t understand where the £3000 came from.
The letter states that enclosed is
1: Reconstituted Agreement
2: Proof of default notice being sent (but this is just a print out of an excel spread sheet of a date and the words default notice
3 transaction statement (which is 6 pages long and could literally be anyone’s statement and I’m positive I only ever ordered about 10 things on there)
I am certain I paid the catalogue off and paid quite a large payment to pay it off and even on the mediation she came back after speaking to the company saying that they can see a large payment but there was still more owed on there. But in this letter it states we are unable to trace the requested evidence of payment.
They have said the default notice was sent on in May 2019. Literally 5 years ago.
What can I do Sara. It’s really knocked me back
Thanks for reading
Sara (Debt Camel) says
As this is a court case that is already in progress, I suggest you ask National Debtline on 0808 808 4000 and also post on the Legal Beagles court forum: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues
Gavin says
Hi Sara,
Thank you for your invaluable help with my debts! I need advice as I plan to save for a mortgage in 2026.I have three credit card debts that defaulted in 2017/2018, all of which matured in 2024 and no longer appear on my credit file. I’ve been making £1 token payments for six years. All correspondence are written letters. Here are the debts:
1. MBNA: £5,855 – PRA Group (Default end: 30 Dec 2023)
2. Lloyds: £4,898 – Link Financial (Default end: 22 Mar 2023)
3. Halifax: £5,150 – Lowell Finance (Default end: 03 Jan 2024)
During this time I was offered F&F 30% settlement of the original debt amounts
In March 2024, I requested credit agreements and account breakdowns. Responses:
• Lowell (26 July 2024): Provided CCA agreement and statements.
• Link Finance (12 April 2024): Confirmed no £1 fee; no further correspondence.
• PRA Group (1 May 2024): Unable to provide the original agreement; classified the debt as unenforceable.
How should I proceed?
1. What are my options for the Lowell/Halifax debt now that I have the CCA?
2. Should I follow up with Link Finance about the Lloyds debt?
3. What are the implications of the PRA Group/MBNA debt being unenforceable? Should I cancel the token payment and offer a 3-5% settlement?
4. If I continue paying the tokens for two more years, will this impact my mortgage application?
Happy to provide more info if needed. Thanks!
Sara (Debt Camel) says
Lets take the last one first…
4. If I continue paying the tokens for two more years, will this impact my mortgage application?
Definitely! A lender cares about your credit history and your debts, not your credit score. They ask for 3-6 months bank statements and they will see the monthly token payments and know you have uncleared defaulted debt.
So you HAVE to have stopped paying them at least 6 months before a mortgage application. And unless they are unenforceable, that means you have to have settled them. Partially settled is fine, this will not make the debts reappear on your credit record
1. What are my options for the Lowell/Halifax debt now that I have the CCA?
You need to settle it or partially settle it. And the sooner the better.
2. Should I follow up with Link Finance about the Lloyds debt?
yes. Ask them to confirm that the debt is currently unenforceable, at which point I suggest you stop paying. If you want to make a low settlement offer, I suggest you stop paying for a couple of months first so they know What the alternative is. But they may reject a low offer – you may think that isnt rational – they know a lot of people will either carry on paying or make a larger offer.
3. What are the implications of the PRA Group/MBNA debt being unenforceable? Should I cancel the token payment and offer a 3-5% settlement?
yes stop paying. It’s unlikely they will accept a very low offer.
Gavin says
Thanks Sara.
From your experience, what ballpark % offer should I be offering for a F&F settlements with the information I have shared?
Regarding point 2. I will send a letter to confirm the position and if the debt is unenforceable.
When cancelling the token payment, what is the best approach? Do I inform the collector in writing and cancel the Direct debt setup.
Do I only stop paying the token payment if I am in a position to offer a F&F. I am currently not in a position to be offering settlements with the collector. I possibly could in a position in 2025 to offer settlements to collectors. What is the best approach. Thanks again
Sara (Debt Camel) says
Have Lowell made you an offer?
Do you have any money saved now for F&F? If not, it’s all a bit academic. Just carry on on with your normal payments.
“Do I inform the collector in writing and cancel the Direct debt setup.”
yes. Say that as the debt is unenforceable you will not be making further payments.
“Do I only stop paying the token payment if I am in a position to offer a F&F.”
no. a F&F will have more chance of acceptance if you have already stopped paying. It is actually a long shot that the creditors will accept a low offer. they may simply refuse.
Gavin says
Thanks Sara.
No offer from Lowell in the past year.
All academic at the moment, but great advice.
Regarding the F&F settlement,
In your experience would the collectors take a 10-20% offer with a CCA.
If the debt in unenforceable, what would you expect to sensible offer. When I cancel and stop paying, will the collectors be offering me F&F settlements.
Also, do you have any template I can use to inform the collectors about cancelling the payment, or is it as simple as stating, due to the debt being unenforceable, I will don’t be continuing my token payment until such time CCA can be produced?
Sara (Debt Camel) says
In your experience would the collectors take a 10-20% offer with a CCA
That depends on how much they think you can afford to pay. No simple answer.
If the debt in unenforceable, what would you expect to sensible offer.
personally I wouldnt bother. Keep your money to settle the enforceable debt
When I cancel and stop paying, will the collectors be offering me F&F settlements.
People don’t often report this.
No template – just send a 2 sentence email.
Gavin says
Thanks Sara.
I will need to engage with the collectors to settle the debt before making a mortgage application.
What is the best approach to communicated with the collectors after cancelling the token payment for unenforceable debt. For example it is Aug 25 and I have funds to pursue F&F settlements. Do I just sent a letter with an offer?
Regarding the Lowell debt, if they sent a settlement offer of 25%, can I negotiate the figure after their initial settlement offer.
Thanks
Sara (Debt Camel) says
If you are hoping for a settlement of under 25% you may be unlucky. Are you saving up a house deposit at the same time?
Gavin says
I am saving for a deposit at the same time.
Do I send a letter with an offer and start negotiations. Ie: please see my offer of £x as a full and final settlement of the amount owed?
I check historical documents and Hoist prior to selling the Halifax debt to Lowell had offered a settlement of £1450 (28%) in May 22.
Is each collector different in its processes and settlement offers?
Sara (Debt Camel) says
You can try sending a n email or letter with an offer. If it is possible for you to arrange for the offer to come from a relative, that may be more likely to be accepted.
every debt collector is different but the main point is that your situation has changed for the better. When you make an offer a debt collector may want to go through your income & expenditure with you.
I suggest that the sooner you make an offer the better and that this should take priority over saving.
Gavin says
How do you position the offer from a relative or you had a windfall in cash
Ie: inheritance
Has the approach been successful for member in the past?
Eg: a relative is willing to pay £500 as a full and final settlement offer to close the account
I recently was gifted £500 in inheritance . I want to offer £500 as a full and final settlement to close this account.
Also, if you are economically inactive or unemployed, will this effect the settlement offer and process
Sara (Debt Camel) says
If you are out of work, you should ask to reduce the payments to nothing until you are back in work.
Gavin says
Would you not continue with the £1 token payment?
Regarding the relative and windfall offer, would I structure it like I said above. Thanks again.
Sara (Debt Camel) says
You just say something sensible about your situation.
Have you lost your job? If you haven’t, come back and ask if this happens.
Gavin says
Thanks for the great advice
I will send those letter off to the companies and update in due course.
Keith Plummer says
On the question of CCAs, is there any significance to the 2006 or 2007 date for the agreements being unlikely to be provided on request? Why are these dates, in particular, quoted so often? Did something change in 2006 or 2007 that made CCAs less likely to be produced? And when you mention ‘old debts’ or ‘very old debts’, can you please suggest how old for each of these categories?
Also, what are the typical reasons for debts this old not having CCAs available? We’ve been in a digital age for at least 20 years, and so I’m curious as to why anything pre-2007 is likely not to have a CCA available. Additionally, given there is so much more awareness now from debtors requesting CCAs for old debt, have debt purchasers not now reacted to this growing trend by insisting on receiving CCAs when they buy debt from the debt sellers? It would seem obvious for them to do this to guard against the risk they face of not being able to enforce the debt.
Sara (Debt Camel) says
Major amendments were made to the Consumer Credit Act in April 2007. “Before 2007” is often used as shorthand for before the April 2007 changes. If a pre 2007 agreement is produced, it may be easier to challenge as being unenforceable. You will need advice on this which I do not give.
“Old” is normally used to suggest that it is less likely that an agreement can be produced. This is just a matter of fact. there may be many reasons and they won’t help you in deciding how likely it is that your CCA agreement will or will not be produced.
Debt purchasers probably pay less for a book of debts which they buy without the CCAs and without being able to go back and ask for the CCAs. It is a commercial trade-off – is it worth paying more in order to be able to satisfy the small number of CCA requests they get?
Keith Plummer says
Thanks very much for the detail and explanation. So, essentially, you’re saying that pre-2007 CCAs are both less likely to be produced (because ‘older’ agreements are, by their nature, harder to retrieve) and less likely to be successfully enforced (because of the 2007 Consumer Credit Act amendments)? I’m presuming that the main reason for older CCAs being more challenging to retrieve is that, due to the passing of time, records are archived or transferred to new locations and thus misplaced etc. Is that a fair assumption?
Thanks very much for your help.
Sara (Debt Camel) says
I would have thought there could be many reasons and I cant guess which are the most common.
Keith Plummer says
Not asking you to guess at all. You’ve said that older agreements are less likely to be produced. So I’m interested in understanding why this is so? Are the reasons I’ve given some of the reasons you believe account for your view that older agreements are less likely to be produced? Or are there other reasons? I’m just trying to get a sense of the rationale behind the belief that older agreements are harder to retrieve, that’s all. It’s helpful to understand some of the likely reasons. Thank you.
Sara (Debt Camel) says
I think you will need to ask a variety of creditors then. Creditors don’t explain why they can’t produce a CCA so I have no evidence to answer your question on.
And I don’t think this is helpful anyway. Knowing what can happen and what often happens doesn’t change the fact the only way to find out what actually happened with your debts is to ask for the CCAs.
Keith Plummer says
With respect, I think it is you who is saying that older agreements are less likely to be produced (which makes complete sense to me). This is your view and so the view of creditors isn’t really the issue here. So I’m politely asking what is making you arrive at the conclusion that older agreements are less likely to be produced? I appreciate you have your own view about what is and isn’t helpful. But I’m just asking the question because I believe it is helpful to me.
Sara (Debt Camel) says
I’m politely asking what is making you arrive at the conclusion that older agreements are less likely to be produced?
What I have seen from people asking for the CCAs and the experience of other debt advisers – I don’t know anyone that disputes this. But it is very possible for an extremely old CCA to be produced. And for a pretty new one not to be. I do not keep records so I am not prepared to guess at the probabilities.
And knowing a CCA can’t be produced tells me NOTHING about why the creditor could not produce the CCA. So I won’t speculate on that. It is VERY rare for a creditor to explain.
I am calling an end to this thread.
Gemma says
Hi Sara,
I have a DMP that’s been in place since 2009. Just checked and there are 10 creditors, all the accounts appear to have been sold on to companies Cabot financial, CapQuest, CRS, Moorcroft, NCO & PRA a fair few times over the years. I was thinking of CCA’ing all of them, the highest debt is £13k for a Northern Rock loan taken out in 2005 for £25k. That’s the only one I’m unsure of sending the letter too in case they come screaming at me for a settlement.
My finances are solid now and I’m preparing for a mortgage in 2026, so I don’t want anything to happen that could destroy my credit file I’ve worked hard (with the help on your site) to clean up.
Before
Sara (Debt Camel) says
You have to get these debts settled 6 months before a mortgage application – otherwise the mortgage lender will see the DMP being paid on your bank statement.
Who currently owns the Northern Rock debt? Was this originally a Together loan? How large was the loan?
Keith c says
Hello
I have been paying a debt to lloyds at 5 pounds a week for the last 10 years maybe longer ihave asked for the credit agreement and sent 1 pound postal order. They returned it and said its not required. Today I got sent the following letter.
Dear Mr ———-
We refer to your attached letter.
You have not quoted a valid credit card number and we cannot trace your account with the details provided
Once you have provided us with a valid 16 digit account number, we will be able to assist you with your enquiry
If you are unable to provide us with this, please supply us with as much information as possible such as
Full address details (including previous addresses) Any change of name Date account opened
. .
Please be aware that Section 78 only applies during the lifetime of an agreement. If your account has been closed and paid in full, then there would no longer be a regulated agreement between us
In view of the above we are unable to provide you with documentation as requested
Yours sincerely
Card Operations
I recieve a statement every year I still owe about 1700 pounds
I don’t realy understand how they don’t no what the account details.
What do you think?
Thanks in advance
Sara (Debt Camel) says
what details did you provide them with?
Laura says
Hi sara my amigo debt is now with lantern they have got back to me with my default information i will paste below i still dont understand what it means about how they report and how it will show if you could help please
Lantern
We can confirm we hold the default date of 20/02/2019 and it will remain on your credit file for a period of six years and this is reported on a monthly basis.
We would also not directly add any markers to reflect that a payment arrangement has been put in place. The details of any active payment arrangement would be reflected by the continued reduction in balance.
Also it just shows missed payments from amigo
Sara (Debt Camel) says
what shows on your credit records at the moment – is there an entry from Amigo? From Lantern?
Has the debt just been sold to Lantern or was it sold last year?
Laura says
No everything is still the same in terms of amigos on there and a missed payment reported last month
Its been a few months this year march/april maybe but it took a while to set everything up with them in terms of payment arrangement and im on to my second payment coming but in terms of the reporting thats the information i have
Sara (Debt Camel) says
is this your only problem debt?
Laura says
Yes it is thankfully now but it does seem more problematic compared to other debts and having a solution to them as i dont know if it stays on my report permanently as missed payments
Sara (Debt Camel) says
so you have two options.
First is to try to get Amigo to add a default date on 20/02/19, then it will drop off after 6 years. The problem with this is it may not be at all easy to get Amigo to do this and they may simply refuse, and tell lantern that there was no default, which would be bad news for you.
The second is to wait until next year when the scheme has finished and Amigo is being liquidated. At that point you make sure Lantern has a default date of 20/02/19. And make a complaint to the Credit Reference Agencies saying Amigo has reported it wrong and this is the proof – the email from Lantern… You don’t want to try this to early – you want to wait until Amigo won’t be responding to any questions from the CRAs.
Laura says
Ok yes amigo has point blank refused to add the default so im leaning to the second option i have the email of lantern confirming the default date so if this is not added by them do i simply just complain to the CRA agencies with this information what date do you suggest i do this please next year? And thankyou again for this help
Sara (Debt Camel) says
It depends on how things go… I suggest you ask me again in about March
Sharon says
Your informative article confirms the right to ask for the CCA agreement doesn’t apply to mortgages. Can you kindly please explain why this doesn’t apply to mortgage credit? Is there any specific legislation I can read which confirms this?
Sara (Debt Camel) says
This summarises why mortgage contracts are not covered by the CCA: https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/mortgage_possession_proceedings/legal_framework_for_mortgage_arrears_repossession#title-1
The relevant legislation is https://www.legislation.gov.uk/ukpga/1974/39/section/8 and https://www.legislation.gov.uk/uksi/2001/544/article/60C
Adam says
Hi Sarah, thanks for these FAQs, I have found them invaluable over the years.
Ive recently contacted a debt collector over a debt I have with them – PRA Group with a debt I used to have with Barclays. Theyve indirectly admitted they dont have my CCA as they have said they have asked Barclays for it. Is it fair to wait until Christmas before deciding not to pay any more?
Also the debt is very old to the point its fallen off my credit report. Do I just ignore forever now?
Thanks!
Sara (Debt Camel) says
It’s up to you how long to wait. At the moment they may well find the CCA. After a couple of months that is less likely.
Adam Savage says
Is there any mileage in trying to claim back monies paid if the debt collectors cannot produce a CCA?
Sara (Debt Camel) says
No. The debt still legally exists
Chris says
Dear Sara,
I have many very old credit card debts (pre 2010) which have all been sold to debt collection agencies.
I made unaffordable and irresponsible lending complaints after finding your website which were all rejected and I took them to the FOS. All but one was upheld by the FOS and the debt wiped!
My question is, if I request the CCA and if they can’t produce it and I stop paying the debt, but they persist in saying I have to pay it, can I still make a complaint to the FOS as I understand you can only make a complaint once to the FOS about a particular matter, and once they issue their findings it’s final.
Or would this count as a separate issue, even if it relates to the same debt?
Sara (Debt Camel) says
Complaining about a creditors actions when a debt is unenforceable because they can’t produce the CCA has nothing to do with your previous affordability complaint.
Chris says
Thank you for your reply.
And just for clarity, all my previous unaffordable and irresponsible lending complaints, only ONE was upheld by the FOS (my question incorrectly stated the opposite).
The lender refunded the interest and charges and then wiped the rest of the debt.
Sara (Debt Camel) says
Then ask for the CCAs for them all!
Kenny says
Hi Sara
(1) credit card (1) debt – Not statute barred – I’ve never had (1) Default notice (2) Letter of claim (3) Claim pack
The debt has allegedly been sold on
All of the information that the new company has is available online – I already had this information
Opening account date and address wrong – 6 months of payments also wrong – Default too
I paid 3 years prior to the 6 months that I know I didn’t pay but it states I did ( I’m wanting to ask for evidence ) As I could also state £200 was paid
To add some some confusion within 2 weeks of this letter arriving i applied for a brand new account with the original company i was given the new account with a credit limit of more than was allegedly owed & various other accounts
Obviously my first thought was they the new company were or had just copied and pasted my information from credit agencies which they do have access to and could see it was actually due to drop off after 6 years – Which was oddly the time I received the letter ( But the default date should have meant it wouldn’t have )
My limited understanding – I’ve passed various credit checks for various cards and they’re happy to give me a credit account – so even with a default showing it means very little
Once you’re given the accounts they won’t keep searching your credit file
When the debt was taken out I was homeless and had no income via benefits or employment
Sara (Debt Camel) says
it looks as though you are replying to some questions, but I am not sure what?
could you reword this more clearly? Say who the original lender was and who the current creditor is.
Opening account date and address wrong – 6 months of payments also wrong – Default too
I paid 3 years prior to the 6 months that I know I didn’t pay but it states I did ( I’m wanting to ask for evidence ) As I could also state £200 was paid
i have no idea what this means. Please state the right dates and payment amounts and default date for the original debt.
when were you first contacted by the debt collector? have you made any payments to them? have you asked for the CCA agreement?
if it was a bad credit lender, they may well have offered you a new account after what ,4,5,6 years? Not really relevant to what happened to the original debt.
Kenny says
Hi sorry I had to shorten it
The account I opened last century I know the address obv name
The debt was taken out 2017/18 I paid every month until July 21
June 24 I received a letter saying someone else owns the debt
I had had no contact from the original company
No default notice letter of claim claim pack
I know the details they have are wrong – Opened account name address 6 months of payments so the default date is wrong I believe
In 2 weeks of my debt being sold ( I’m not sure it was ) I applied and got a new credit account with original company
I believe that original company don’t have the address year I opened the account
If I just do nothing what could happen to me – already a default yet I am being given new accounts 22K limit all included
Hope that’s clearer I can add more if needs be
Sara (Debt Camel) says
what sort of debt was it originally?
why did you stop paying in 2021, do you have other problem debts?
what is the balance now?
Kenny says
what sort of debt was it originally?
Credit card offering money transfer
why did you stop paying in 2021,
I had been homeless the final year in a hostel – I had a key worker as I’m classed as vulnerable they said that would getting me on breathing space
So I believed that that’s what had happened
But this adds to my belief that the company who say they have brought it has my current address no body would have it as I moved in from the hostel. The only thing that I was named n is water rates I believe this maybe a way they got it
As on my credit report it has another address
Do you have any other problem debt
no other problem debts this is the omit one but I’m paying off others on interest free with the new accounts
what is the balance now?
2500
do you have other problem debts?
what is the balance now?
why did you stop paying in 2021, do you have other problem debts?
what is the balance now?
I also don’t own any property no savings
Also when I took the debt on I was homeless not working also not claiming benefits
So I would struggle to have paid it anyhow
It’s confusing me and I know what I’m trying to say/ask
Sara (Debt Camel) says
You are over thinking this. It is highly likely that the debt was sold. As the debt is 20+ years old, just send a CCA request to the creditor writing to you, use the link given in the article above. If they can’t produce it, the debt is unenforceable.
Kenny says
Hi Sara
You’re quite correct I am overthinking this – For the simple reason it doesn’t make any sense to me just (1) reason I’m asking for your input so thank you
Everything that is on my credit report is wrong and I never as I’ve said received letters about default
But we are here so I’ll just do what is needed to be done – Should I come out and say everything you have is wrong bar my name ?
Or wait a treat it like as and when needed I do have someone representing me ( sounds a tad formal it’s not )
Im 100% on when I opened the account and address as it was pre internet
Until this year I’ve never applied for a credit card by using the internet – Only ever had 2 until this year
My bank and the one I’m talking about
The debt isn’t 20 years old the debt 2017/18
The account is over 20 as it was last century
Sara (Debt Camel) says
Credit records can be inaccurate. What matters is whether you actually owe this debt and whether it is enforceable in court.
When you opened the bank account is irrelevant.
Did you open this credit card account in 2017/18 – in a branch, online, on the phone doesn’t matter, did you open this account?
who was the credit card l;ender?
who is the current creditor?
Kenny says
Hi Sara
Did you open this credit card account in 2017/18 – in a branch, online, on the phone doesn’t matter, did you open this account?
I opened the account 1997 I physically walked into the bank filled the form in, posted it some time later the card pin came through the door
Fast forward to 2018 I took the cash offer interest free for 12 months ( I was technically homeless no benefits claimed or working )
Paid £XXX on time each month until 2021 when I finally managed to get a property ( Last 12 months prior to this I was in a homeless hostel )
As I’m classed as vulnerable with medical conditions/ disability ( NHS diagnosis letter which I’ve kept ); I got a key worker for 12 months
Who said I was on breathing space
Nothing from the original company written or verbal ( no default letters also the other 2 they’re legally required to do )
Until the letter this summer saying it has been sold
I’ll happily send you privately the (2) companies involved as I have a new account with the original company ( 2 weeks after they allegedly sold my very old account ) obviously same name DOB email phone number on my old account
I don’t want it on a public platform – as if I was in the collection game I would peruse them for information that could be helpful
Maybe I’m being over cautious so I’ll apologise for that
Thank you
Sara (Debt Camel) says
Ok, it doesn’t matter when you racked up the debt on a card account, what matters is when the account was opened. Your was more than 20 years ago. So send the debt purchaser a CCA request as per the article above.
Kenny says
Hi Sara
Thank you yes I shall do as you/article says
Also you and your website is invaluable to anyone is a situation
I’ll go out on a limb to say the best I’ve come across – this National debt line CAB have all made it very simplistic to navigate and with your own personal replies cherry on the cake ( cap doffed )
I just wanted the worst case scenario as I’ve built my credit report back up with this default on my account – So I believe nothing can happen as my new accounts are all used paid on time so I’ve already passed whatever checks they do even if a CCJ was to land ( which it can’t )
Ta your have be a star Sara 😊
Sara (Debt Camel) says
It is certainly possible to get a CCJ for this old debt. But don’t be an ostrich and take this step by step and it’s unlikely. If they can’t produce the CCA it won’t be possible and if they can you make a payment arrangement.
Kenny says
Ha made me laugh the ostrich – the funny thing is had they contacted me it would have been paid 2021 in one go…
Never mind yes I won’t be looking around in the sand that’s for sure – As I’m just protecting myself from any surprises while keeping my new accounts as they are
I am really just so curious about how this market works regarding credit in general as 6 years slate wiped clean and go again
That’s why i applied for a new account 1 week after the start of all this. Which has oddly made me even more interested
Regarding my situation I was able to see that all the information was wrong on my file bar my name maybe the total owed ( I’ve never tallied it up )
I’ll keep reading up on it thanks again
Ant says
Hi,
I suspect my ex partner has taken a loan out in my name etc and ive asked for the cca but they sent an secci which as I understand is a pre credit agreement or something like that. Do I again ask for CCA? Or is the secci sufficient enough to pin it on me?
Sara (Debt Camel) says
Who is the lender? When was the loan taken out? Does it show on your credit record?
Ant says
Hi the Lender was Onstride liquidated in 2019 and lantern have come knocking it was from 2019 and yes shows up. (I haven’t really looked at my credit rating tbh until now)
Sara (Debt Camel) says
Ask again for the CCA. Tell lantern you have no recollection of ever borrowing from Onstride ( if that is true?) and you want to see the CCA agreement as this is probably either a mistrace ( that means it is someone else’s debt) or fraud
Ant says
Hi Sara,
Lantern have replied with the secci again! Which is not the CCA I believe just the pre contract. Shall I Ask for the CCA again?
Sara (Debt Camel) says
replay saying that is not the CCA agreement. Ask Lantern to confirm that the debt is unenforceable in court until they produce the CCA
Ant says
Hi Sara, they have replied saying it is correct. Is there any chance you can take a look and advise? Would be great thanks.
Sara (Debt Camel) says
sorry I can’t.
So far as I know, this does not comply with the provisions of the Consumer Credit Act if you made a formal request using the National Debtline template and enclosing £1.
I suggest you ring National Debtline on 0808 808 4000 and ask them. If they agree that that does not comply, send Lantern a complaint (email with COMPLAINT in the title).
In the complaint repeat that you dispute this debt, you never took it out, if it was taken in your name it is fraud and give a crime reference number (get this by reporting the fraud to Action Fraud, who will do nothing at all useful excelt give you a reference number). Say they have not supplied the CCA which you have asked for and point out that CONC 13.1.6 says
“(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.”
and ask them to confirm that the debt is not enforceable.
Ant says
Hi Sara appreciate the reply. They are saying the top half is the secci and bottom part cca . But i cant see anything mentioning the cca. All i can see is pre contract talk.
Sara (Debt Camel) says
talk to National Debtline. Or post on the Legal Beagles forum: https://legalbeagles.info/forums/forum/money-debt/consumer-credit-act
Julie says
Hi Sara,
I have 5 debts which are around 15 years old. They are no longer showing on my credit report and I’ve never had a CCJ. 2 of the debts are with link (one is only £86 & the other just over £100), and the other 3 are with Lowells totalling around £16,000 (one of the debts is £8,000).
We have been paying them off for the last 15 years and the regular payments have been between £10 -£30 so have paid a fair amount off..
My question is are they still enforceable because they are over 6 years old? Should I request a CCA?
Any advice would be appreciated.
Thank you
Sara (Debt Camel) says
As you have been paying, these debts rent statute barred and so are enforceable.
But if you ask for the CCAs and they can’t be produced, the debt then is unenforceable.
Julie says
Thank you Sara. That’s very helpful I’ll give it a go.
Julie says
Sorry to bother you again but when paying the pound is it better to pay by postal order than cheque so that they don’t have your signature. Thanks
Sara (Debt Camel) says
Up to you.
Caz says
Regards a loan my father-in-law has, can you tell me what happens if the loan company doesn’t produce the cca and he stops paying – understand the loan still exists but what happens to the loan on death? Thanks
Sara (Debt Camel) says
When he dies, will he be leaving any money or property?
Caz says
yes he owns a house and has a small amount of money >£10k
Sara (Debt Camel) says
A lot of the money will be used on a funeral probably – that has first claim on his estate.
The debt still exists, but the executor can refuse to pay it as it is unenforceable. Tell your dad to keep the email / letter saying it is unenforceable with his Will.
How old is this loan? has it been sold to a debt collector?
Graham says
Hi Sara,
I’ve got two accounts with Cabot which following my request for cca’s have been confirmed as being unenforceable.
This was a couple of months ago, however during the last week I have had phone calls, texts and letters asking me to contact them, which I have as yet ignored.
Would it be recommended that I do make contact, or just continue to ignore them.
Many thanks
Sara (Debt Camel) says
Have you told them you will not be paying the debts while they remain unforceable?
Did the letter mention that the debt was unenforceable?
Graham says
No! I haven’t told them I am not paying. The letters that arrived a couple of months ago stated NatWest ( the original lender of both accounts) do not have any agreements. One account was opened in 1976 and the other in 1989. Cabot stated because of that the debt is still due but unenforceable.
The letters that they have sent recently do state in very small letters at the bottom that the debt is unenforceable.
I guess you will suggest that I make contact to tell them I am not paying unless cca’s are produced.
Graham
Sara (Debt Camel) says
Yes!
It won’t stop them asking occasionally, but it should reduce the frequency. Also in your reply to them say that you do not wish to be contacted by phone or tex. And start keeping a record of the contacts – date & method.
Graham says
Once again, many thanks Sara
You are brilliant
Graham
sharon says
Hi
I had a letter saying i owe £366 as a debt with lloyds/tsb this was addressed to me in my maiden name i have been married for 12.5 years now . I have made 3 payments of £30 towards the debt as i dont want a black mark on my credit file but i don’t know where the debt has come from. Can i refuse to pay as its over 12 years ago.
Sara (Debt Camel) says
who is the letter from? Did it say what sort of debt this was – loan, credit card, overdraft?
Sharon says
Hi it’s from resolve on their behalf it says it’s from an account I had with them but I’m non the wiser . I sent them an email saying I haven’t been called my maiden name in over 12 years and I don’t understand how I have the debt but they just said it’s on behalf of Lloyds/tsb
Sara (Debt Camel) says
Did you used to have a current account with an overdraft with them? If so is it possible that a balance was left owing on the account? When would you last have used the account?
I’m not saying you should pay this, but you options are different if you never had an account, you did but it was closed with nothing owing, or there may be a balance.
Sharon says
I think I had a tsb account over 22 years ago with an overdraft but why only contact me now
Also could I stop making payments or will this make things worse
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about this. An account that old where you haven’t made payments for many years is likely to be “statute barred” – If National Debtline agree, they have a template letter you can send Lloyds, copy to resolve Call, saying this and you can stop paying – once a debt is statute barred it can bener become “unbarred”.
Sharon says
Thank you for your help I’ll do that
Beth says
Hi Sara – many thanks for this super helpful information. I have about £80k debt over 6 cards. With all the cards I stopped paying earlier this year as I had to make a choice between paying cards or my rent and living expenses, and I was at financial breaking point.
Yesterday I received 2 x letters from cc companies (both owned by Lloyds) saying they had sold my debt to Cabot Financial – one for £16k and one for £12k. The envelope also included a ‘welcome’ letter from Cabot. Both cards were opened between 10-20 years ago.
I just wanted to get your advice about asking for the CCA for these cards – should I do this now or wait? I’m really worried that Cabot might just go straight for legal/court action to recover the debt as it’s so big, so I would miss the opportunity to ask for CCA, or will they have to try and contact me directly first a few times to try and reach a repayment agreement? Is there any process from the FCA that they have to follow re: reasonable opportunity to make contact with me before pursuing court action? If I ask for the CCA and they can provide it for one or both cards, does that mean they are more likely to go to court quickly? I would assume on debt this large that they might have checked themselves before buying the debt that the CCA could be produced?
Sorry, for so many questions, I am finding this extremely stressful and would really appreciate your advice.
Sara (Debt Camel) says
Do you have any assets to protect? you are renting, so presumably no house? A car, or is that on finance?
Do you have any other debts that you are still paying? Overdraft, loans?
Can you afford to make any payments to these 6 cards? Or have your finances totally collapsed?
Did any of the credit card companies increase your limit a lot when you were only making minimum payments?
(I will get round to your questions but I would prefer to see the bigger picture first!)
Beth says
Thanks Sara. No, I don’t own any assets or property, I have an older car but it’s not working at the moment and I can’t afford to fix it. I could probably pay about £50 per month to each card, but unfortunately not much more. I’ve had most of the cards for a very long time and I think higher limits evolved over time. There was a time when I was paying more than the minimum on a few of the cards, but not for quite a few years. I don’t have an overdraft (I did but paid it off) and I have a loan with my bank of about £1,500 that I’m still paying every month. Many thanks for your help and advice with this.
Sara (Debt Camel) says
These are old accounts so you may as well ask for the CCA now. There is no advantage in delaying – either they have it (or they can get it from lloyds) or they can’t.
If they can get it, you need to start making monthly payments. Or consider a debt solution… are you renting privately or social?
Beth says
Many thanks Sara – I’m renting, living in my landlords house.
Sorry, I know I asked lots of questions in my original post but please can you advise on the below – is there an initial process that Cabot will have to follow?
From original post:
I’m really worried that Cabot might just go straight for legal/court action to recover the debt as it’s so big, so I would miss the opportunity to ask for CCA, or will they have to try and contact me directly first a few times to try and reach a repayment agreement? Is there any process from the FCA that they have to follow re: reasonable opportunity to make contact with me before pursuing court action?
Many thanks for your time and advice, it’s very much appreciated.
Sara (Debt Camel) says
Those questions are irrelevant as I am saying you should ask for the CCA now – why would you delaY?
Beth says
Thanks Sara – will request the CCA. Just wanted to know if there was a set procedure re contact before court action, sorry this is all feeling really frightening.
Sara (Debt Camel) says
there is, but none of this will start if you ask for the CCA and then make them a monthly payment offer if they produce it.
Beth says
Thank you, your advice has been really helpful.
Andy H says
Hi Sara,
I have 5 very old credit card debts 2 with Moorcroft which they bought from AIC around 2019
1 with cabot which is an old Barclaycard debt
1 with westcot who are acting for cabot which is an old RBS credit card
1 with HBOS who did give it to Apex credit management and then took it back again.
All 5 of these go back to 2010/2012 when i was paying them in a DMP through payplan.
i dropped payplan in 2020 and continued paying small amounts directly to them .
my question is all of these are credit cards I took out pre 2010 some may even be pre 2005 and older .
is it worth me asking them all for my CCA as they are so old ?
they all write to me from time to time offering me 60/70% off the debt to clear it but i just ignore the letters a carry on paying the small amounts each month.
I do have no contact with HBOS and they never send me any statements i just pay them £2 a month
What would you suggest please as this has gone on to long now
Many thanks
Andy
Sara (Debt Camel) says
I suggest asking for the CCa agreements. Use the template linked to in the article above.
James says
Hi Sara,
I received the following via text;
Hello – This is an important message from Link Financial. We have previously contacted you about your Barclaycard account now serviced by Link Financial Outsourcing. We have been trying to contact you so we can understand your financial situation. We want to help you start paying your account with an amount that is affordable to you. If you do not contact us, we will pass your account to our pre-legal vetting team who will assess your account for potential legal action.
If your account is selected for litigation, this may result in further costs and interest being applied to the balance.
I’ve not received any letters and the only thing I can think of is it was one of the debts my ex wife had agreed to deal with when we divorced. On investigating my credit report it was defaulted by Barclays 11 April 2019 with the last payment made August 18 and LinkF are report in an address I’ve not lived at for 11 years. Is it worth requesting a CCA and will that reset the statute barred time by requesting it?
Sara (Debt Camel) says
How long ago do you think the Barclaycard account was opened?
James says
Sara thank you for your reply. I think the account was opened in 2013.
Sara (Debt Camel) says
Have you spoken to your ex about this?
James says
Yes, unfortunately denying all knowledge and the account was in my name. I remember signing a form for Barclays to give her authority to deal with the account and that that was the last I’d heard until now. I thought it had been dealt with as I stopped receiving letters about it so it was never included in our final settlement.
Sara (Debt Camel) says
I think you should talk to National Debtline on 0808 808 400 about your options
James says
I’d come to the same conclusion reading through your site. Thanks for your responses and also for the really informative site!
Calvin says
Hi Sara. Quick question. I wrote to company asking for CCA for a 6.5yr old debt. I’m paying 150 a month towards and default drops off in March 25. They acknowledged my request for it but refused the £1 fee saying it wasn’t required and they send onto me when they receive it. Its now been about 20 days. Should I send a follow-up email or hold out for 2-3months as recommended above?
Sara (Debt Camel) says
how large is the debt? what sort of debt was it? is the 150 a month affordable?
Calvin says
6k debt. Was from a car finance in 2018. Lost job and car got repossessed. Yes, 150/month is fine now.
Sara (Debt Camel) says
Well its your choice. If you stop paying now and they come up with the CCA (pretty likely at this point) then you restart paying. Of you want until 2 months have goner and do that, knowing its less likely to be found after that.
Graham says
I had a letter from the PRA group saying they don’t charge the £1 fee and would send a copy of the CCA when it became available.
20 days isn’t long enough yet, a copy of the CCA was sent after about 6 weeks.
Hope that helps
Iain says
Hi Sara, hopefully a simple one for you.
I have a few defaults which I’m paying off either in full or under F&F. They’re all from four years ago.
Theres one debt which is originally from Barclaycard and has been sold on three times.
If I request the CCA from the current debt collector and they can’t find it, am I right to assume that the default will stay on file with the outstanding amount, until the 6 years have passed?
Or can I request that it’s removed?
Thanks for your help and a fantastic source of information!
Sara (Debt Camel) says
Yes it stays on file and drops off 6 years after the default date on the credit record.
Claire says
Hi Sara, can I ask you with regards to PayPal credit and CCA’s please? Lowell purchased my recently defaulted PayPal credit debt and offered a 70% discount which made me a little suspicious. I see on my Lowell account that there is a cca attached for PayPal Europe. I didn’t think PayPal Credit came under the consumer credit act, can you please clarify this for me please?
Sara (Debt Camel) says
Some Paypal debts are CCA debts. Why does this matter if Lowell have supplied the CCA agreement?
Anita says
Hi,
In Feb 2019 my Barclays credit card went into default which was then handled by Lowell. Overdales later took over and I received a Court claim form in 2020. To prevent the case going to a CCJ, I contacted Lowell and we agreed a repayment plan. I had stuck to this arrangement until Aug this year at which time my payment bounced to them. I decided to request the CCA agreement with the £1 cheque payment via recorded delivery. They responded about 15 days later, stating that a CCJ was entered against me previously and a repayment plan was agreed on that basis. They added that they did not have to provide me with the CCA because they had entered the CCJ against me.but, as a gesture of goodwill, would request it from my creditor – Lowell.
I replied to their postal letter via email and told them that I had done all the necessary checks and could confirm there was/is no CCJ against me. I asked for the court ref number.
Overdales have replied today saying that they have not been able to find the CCA so have sent me the account statement instead. And have given me 7 days to put a payment back in place or they MAY take enforcement action.
The default will be removed from my credit file in Feb next year, so can they take legal action still against me without the CCA for a debt in default that is nearly 6 yrs old?
Sara (Debt Camel) says
so no CCJ shows on your credit records? Did the court claim form have your correct address?
Annita says
Hi Sara,
No CCJ on my credit records and I paid the £6 fee to obtain confirmation regarding any CCJs via Trust Online, which come back as definitely no CCJ ever.
Yes, the correct address was on the claim form. Do Overdales or Lowell have any legal authority to apply for a CCJ now without the CCA for a 6year old defaulted debt?
What should my next steps be in responding to Overdales?
Sara (Debt Camel) says
I suggest you reply to Overdrales asking them to confirm that the debt is unenforceable until, them manage to produce the CCA agreement. Point out that CONC 13.1.6 says a creditor must not mislead a customer about the enforceablity of an agreement when the CCA has not been produced.
Anita says
Thank you for your help. I will respond to Overdales as you have suggested and see what the respond with.
Many thanks
B says
Hi Sara,
I have requested a CCA from PRA for a Barclaycard account that defaulted in September. They have provided me with a reconstituted CCA, however it does not contain my credit limit on opening or the interest rate. It does have my correct name and address at the time of opening. Do they have to provide credit limit and interest, or is what they have provided OK and therefore making it enforceable. They said a reconstituted is fine, however I thought it had to contain the things mentioned. I currently have an irresponsible lending claim with BC/ FCA and plan was try and do a full and final offer to PRA if claim is accepted but I wanted to hold out a bit more before making payments to see the outcome of this. Many thanks.
Sara (Debt Camel) says
As the article above says, talk to National Debtline or post on the Legal beagles forum if you aren’t sure you have been sent a valid CCA.