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.
This doesn’t apply to all debts. The Act doesn’t cover some old large loans (pre 2008 loans for more than £25,000), mortgages, some credit union loans, utility bills, many mobile debts or logbook loans. There are further details here about what debts are covered. And although the Act covers overdrafts, the right to have a copy of your credit agreement does not apply to them.
Sometimes asking for a CCA agreement is an excellent idea. But not always. It shouldn’t normally be your first thought if you are having trouble paying a debt. And it is not likely to work if your debt is still with the original creditor, even if it is with a debt collector – asking for the CCA normally only works if your debt has been sold to a debt purchaser.
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 £30,000 limit. See Can I leave a debt out of a DRO? for details.
- 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 a couple of months before deciding that they aren’t going to be able to find it. Three months if you are feeling nervous.
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 in in the first few months the chances of it turning up later seem very low.
“What about my credit record?”
Is this debt still showing on your credit record? Don’t assume it isn’t, 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?”
To prevent the very rare occurrence of the CCA later turning up and to stop the odd polite letter, some people decide to offer them a really low settlement amount, say 5%.
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 will 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.
If you really want to make a settlement offer, you should stop paying them for a few months and then make the offer. That shows they can choose between your low offer and nothing. You cannot make a debt collector accept this low offer or complain they are being unfair if they don’t.
The only time when you really 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 often it isn’t. 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 a paying an old debt for a long while with this going to continue for many years, then you need to 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 defaulted on a catalogue account a couple of years old, but if it was opened in 2006 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.
All quiet about a debt? Then contacted?
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. In January 2019 a new court ruling has meant that it is now harder to tell if some old debts are statute barred, so even if you think your debt should be statute barred, it’s definitely worth asking for the CCA agreement as another possible defence.
The hard case is where it isn’t that old – it’s coming up to 6 years or it’s over 6 years but not by a long while. Here asking for the CCA agreement acknowledges the debt… I suggest you talk to national Debtline about your options as it may be better to challenge whether it is statute barred first. And only fall back on asking for the CCA if it seems the debt is not statute barred.
Hoping to settle debts with a windfall
If you have a windfall – an inheritance or a big PPI refund 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.
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.
When you are have been 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 your 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
Shaun says
Hi Sara,
I’ve followed the advice here and requested a CCA for my outstanding debts from 2000 (October 2021) I received the standard unenforceable letter in the required Time frame. However today I’ve received a letter regarding the 2 accounts.
The letter reads “Please find attached a copy of the original Loan Agreement, provided to us by the original vendor”
and a poor copy of my application form (Credit Card) and set of terms and conditions doesn’t show the original the original credit limit or rates and continues to say the original vendor can’t produce a copy of the agreement for the second agreement and is unenforceable.
I’m confused – The letter isn’t telling me its enforceable or I should contact them to arrange payment. Just if I have any questions I should contact them. Is it possible that its not enforceable and they are just seeing if start payments again? I figured if it was enforceable – They would be a little more direct!
Should I write to them and ask directly – Do they believe the agreement to be enforceable ?
Thanks in advance.
Sara (Debt Camel) says
I can’t comment on whether this is a valid CCA agreement – see the article above.
It sounds to me as though they think they have produced the CCA agreement. You can ask them I suppose.
Shaun says
Thanks for the reply. I thought that too and I’ve done just that, emailed them and asked if this fulfils my request (I’ve checked against what’s above here and I don’t think it does) ill see how they reply.
Shaun says
Hi Sara,
I’ve received another bad copy of the credit card application form and reprinted terms and a covering letter stating the DCA account number, their interest rate (DCA) original inception date of November 2000, with MBNA and a payment due date (full balance) of 28th February.
I’m confident it doesn’t fulfil my CCA request, however they clearly do by stating a payment due by date.
I know they have to inform me if an agreement is unenforceable, they have with another account, however do they have to be equally clear if they think it’s enforceable? Thanks for your help.
Sara (Debt Camel) says
I suggest you talk to National Debtline and/or post on the legal Beagles forum.
Kevin says
Hi Sara
I wrote to you last year when Moorcroft were writing to me on payment of a credit card for HSBC and requested the CCA agreement which they could not produce. Now it seems they have sold the debt onto a company called Credit Security Limited who sent me letters asking for payment, so I did they same thing in asking for the CCA agreement from them and all they have sent me a letter enclosing a Statement of Account which is old statements but no CCA agreement. The letter states “we trust the position has now been clarified and we will be pleased to agree an affordable repayment plan if you will complete the current information form”. Please could you help as to what is the best way to go forward with them.
Best Wishes
Kevin
Sara (Debt Camel) says
reply that they have not provided the CCA agreement that you asked for and can they please confirm the agreement is unenforceable until they do.
Kevin says
Thank you Sara, just checking. So it does not make any difference that they have supplied past statements, it only matters when they supply me with the CCA agreement, is that correct.
Best Wishes
Kevin
Sara (Debt Camel) says
Well obviously I can’t see what they have sent you. But old statements are not relevant – you are not debying that you had an account, you are asking them for the CCA agreement.
Scoobie says
Hi Sara, you have given me great advice in the past, so many thanks for that. I now have another issue. It is regarding an unsecured loan with NRAM that I defaulted on in 2011 and they later sold it to Heliodor end-2019. I asked NRAM to default the loan to 2011 and they said no, they no longer own it and it should be Heliodor to do that. Heliodor said they can do it from 2019. So I raised it with the financial ombudsman and the advisor indicated that Heliodor should backdate it to 2011 and not NRAM as heliodor would have purchased the whole history and not just the loan.
So based on your knowledge and understanding, which is the correct one please and what approach should I take? Thanks Sara
Sara (Debt Camel) says
Your ombudsman complaint, who is this against?
does the debt show on your credit record under both NRAM and Heliodor?
Scoobie says
Thanks for your quick response. The complaint was raised against NRAM. The debt shows under Heliodor now, previously under NRAM until it was sold.
thanks Sara
Sara (Debt Camel) says
so there is no closed debt showing under NRM that is not defaulted?
Scoobie says
no, nothing in terms of debt is showing for NRAM at all. Only my mortgage that was paid in full (experian)….
I just checked another credit agency (creditwise), and the last 6 years is showing arrears for Heliodor.
Very strange, hence I’m confused even more.
thanks Sara
Sara (Debt Camel) says
if nothing is there under NRAM’s name, all you need is for Heliodor to correct the entries there are.
Nick says
Hi Sara. I have a couple of old debts (2008 or earlier), which are not on my Credit Record, and which the Debt Agencies concerned (Cabot & Hoist) have confirmed are currently unenforceable, as they cannot produce the original Credit Agreements.
These debts were included in a Debt Management Plan with Stepchange, which I have now ended. (I made F&F Settlement offers on some other debts which either were on my Credit Report, or where the Credit Agreement could be produced). Following your guidance, I have stopped paying these two debts.
Both Cabot & Hoist are continuing to try to chase me for the debts, with repeated calls, texts and letters (none of which I have responded to, apart from once when Cabot called & I informed them that I wouldn’t be paying until the could produce the Agreement).
Hoist have now sent a letter saying ” Your account is now with our reconnection team who will now begin to review your case to determine if a home visit may help you to reconnect with us”! Can they do this? If a debt collector turns up, basically I’m just going to repeat that until the Credit Agreement is produced, I won’t be paying – but I would rather not have someone turn up knocking at my door. Surely this is harrassment? Should I complain?
Thanks.
Sara (Debt Camel) says
Did you tell Coabit and hoist that you will not be making any payments as the debt is unenforceable?
repeated calls, texts and letters
do these mention that the debt is currently unenforceable?
are you keeping a record of how many contacts you are getting?
Nick says
I certainly told Cabot, when they telephoned. There wasn’t alot they could say, but the calls & letters have continued.
Not all of the letters mention that the debt is unenforceable- in particular the latest one (from Hoist) threatening a ‘home visit’ doesn’t mention that it’s unenforceable!
I haven’t spoken or written to Hoist.
I’m keeping all the letters, texts & have records of the call attempts.
Sara (Debt Camel) says
I suggest you email to Cabot and Hoist and say you will not be making any payments while the debt is unenforceable.
Say you are aware they can ask you for payment, but the FCA rules say that in each communication they have to say that the debt is unenforceable. Point out that they are not doing this at the moment and attach a pic of a letter from them which does not say this.
For Hoist add that you will not be opening the door to any debt collector they send round.
Nick says
Thanks Sara – will certainly try this!
Harry says
Hi Sara, a big thank you for providing such valuable information, I have been on DMP for over 12 years with several creditors, last may May, I have followed your advice and requested CAA from some of my creditors, all of them confirmed that the the debt are unenforceable as they could not produce the agreements, so stopped paying them, however today , one of them has now instructed another debt collector agency and they are now making contact by post acting for the previous debt collector asking for payment, surely they must be aware that the debt is unenforceable, could you please advise ?
Your help is greatly appreciated
Thank you
Harry
Sara (Debt Camel) says
Just tell them. Say you won’t be paying unless the CCA can be produced.
Glad this has worked out so well for you!
Harry says
Thank you so much for your prompt reply, since I really don’t want to start any conversation with this new debt collector, Shall I just send them by post the copy of the letter that I have received from the previous debt collector that confirmed that they could not produce the CAA and that the debt in unenforceable ? or shall I just ignore them ?
Many thanks for your help.
Harry
Sara (Debt Camel) says
Don’t ignore them unless you want to be pestered. Email them if you don’t want to phone them up.
Harry says
Hi Sara
I will send them an email.
Thank you for your help, very much appreciated.
Harry says
Hello Sara,
Update, just received a letter from the new creditor stapled with a single page photocopy of the CCA, it dates back since 2004, it all looks right with my own signature and the right address back then, I guess my option now is to put it back on my existing DMP
(2 other overdrafts and a card which is still with the original creditor), is this the end of it ? or the CAA could still be be unenforceable due to the way it was redacted back in the days ?
Thank you once again.
Sara (Debt Camel) says
due to the way it was redacted back in the days
what do you mean by this?
Harry says
Hi Sara,
I meant, if the CCA agreement that were made available at the time in 2004 lacked any terms that made them unenforceable now.
Thanks
Sara (Debt Camel) says
I can’t tell what you are looking at. If you want to query it, ask on the Legal Beagles forum.
Harry says
Thank you for your advice Sara, will definitely check that forum.
mike kane says
Help?? My wife is from Wales and has an overdraft on a british checking account for $1500. She has ignored it–no letters.–no phone calls. Where do we go from here? Also we are moving to the US soon and the stature of limitations is 3 years in Maryland. Can they put it on the 3 reporting agencies in the US.
I have credit cards in my name only. Will they find out she moved ? If so, what can they do with the 3 year limit (not all states are 3 years)
I told here I would ask you, I figure sometime they may have a trial in Wales, so be it–can’t do it in the US because double jeopardy is illegal.
Thank you
Sara (Debt Camel) says
I don’t think a debt in Wales will at the moment appear on any US credit report – that could of course change over the next few years.
I can’t comment on limitations in Maryland. A local ex pat forum may have some information.
She could discuss her situation with National Debtline on 0808 808 4000.
sara says
I have an old credit card debt with vanquis. Account opened approx 2006/07. Missed payments 2010, ccj 2014.
I have never made a payment, interacted etc. The ccj has dropped off my record and I’ve built up my history. I get letters re this debt from Cabot.The amount is approx £3000. My questions, can I ask if they have the cca as it’s already been to court? Is it statute barred as its so old, or does this not apply because of ccj? Should I offer a full and final payment?
Sara (Debt Camel) says
They cannot go for a 2nd CCJ.
You cannot ask for a CCA – after a CCJ they have no obligation to try to find it.
CCJs never become statute barred but after 6 years they become much harder for the debt collector to enforce. I suggest you talk to National Debtline on 0808 808 4000 about this before making them a settlement offer so you understand the legal position.
Confused2022 says
Non Cancellable Loan Agreement for £25,000 from Lloyds from November 2003. This is what was produced under a CCA request but I was not a business customer and don’t think I was High Net Worth and it had no cancellation rights included. It had a fixed monthly payment so it wasn’t an overdraft and it states loan agreement with a fixed APR. No terms or conditions were returned with it. And cancellation rights are no where on the terms. Can anyone explain what type of agreement this is. Wasn’t secured on a car or anything. I thought it was a personal loan but it doesn’t feel right. Any direction as to what rights I may, or may not have under this type of arrangement. I’ve googled everywhere but nothing on Credit Agreement Regulated by CCA 1974’ next line ‘Non Cancellable LTSB Personal Loan Agreement. The amount of credit is £25,000 and no where does it state I’ve borrowed more than £25,000, there is no total amount mentioned anywhere which may be credit plus interested. It’s very old I know but what does this sort of agreement mean. No T&C we’re included so no real idea if it’s enforceable or not. Help
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about this.
Rhian says
Hello
I have found this page recently and have found it very informative and helpful. I have been with StepChange for nearly 4 years and have decided to take the plunge and ask my creditors (PRA Group, Intrium and Cabot) for the CCA. I have received a reply from PRA group that whilst they are obtaining the CCA then they are putting my payments on hold, which StepChange have done on my behalf. I have also received a letter from Cabot to say the debt is unenforceable whilst they are looking into obtaining the document. The queries I have are:
1. How long can the payments be on hold before they can’t chase for payments
2. Intruim hasn’t provided me with any correspondance so should I chase them? I am still paying them through StepChange.
I’ll be thankful for any advice you can give.
Sara (Debt Camel) says
I think you should wait at least a couple of months from now before you start to think the CCA may not be found.
Toona says
Hi Rhian,
I am in a similar position to you regarding Stepchange and your creditors. Could I ask you for a copy of the wording you used in your letters to them please? Many thanks.
Leah says
Hi Sara,
In December you kindly gave me guidance on applying for a CCA for an old loan.
I defaulted on the LloydsTSB loan in 2013 and it was sold to Link Financial (managed by Wescot). The loan disappeared from my credit file years ago. I wrote to Link for the CCA in January asking them to send it over in 12 days. They wrote back this week, saying:
‘The original creditor has currently unable to comply with your request within a 12-day timeframe. Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.”
‘We will contact you further upon receipt of an update from the original creditor.’
I am still paying the £1 a month and planned to stop paying if they can’t provide the CCA. However does this statement mean they can add the debt back to my credit file if I stop paying? “it is acceptable for creditors to register and continue the reporting of a default.”
Also how long should I wait for Link to get back me on word from the original creditor?
Your guidance is much appreciated,
Leah
Sara (Debt Camel) says
However does this statement mean they can add the debt back to my credit file if I stop paying?
No. It is a general statement mean that credit reporting will continue as it is at present – when a loan as dropped off, it should NEVER reappear – a CCJ might, but not the loan itself.
Also how long should I wait for Link to get back me on word from the original creditor?
of a couple more months i suggest.
Mike_p says
Are they allowed to continue registering a default if they can’t show it’s enforceable? There ISA post from a solicitor on the all about debt forum suggesting they can’t.
Sara (Debt Camel) says
McGuffick v RBS [2009] decided that failure to produce a CCA agreement did not mean that a creditor had to stop reporting the debt to a CRA.
Fred says
Hi Sara,
Thanks for some very useful advice you’ve given me in the past. I’ve been in a DMP with several credit cards for the last few years and, after asking for CCA’s, some have been deemed unenforceable.
Do I need to contact the unenforceable creditors and tell them specifically that I won’t be making any further payments or should I just stop paying?
Thanks in advance!
Many thanks,
Fred
Sara (Debt Camel) says
I would tell them that you will not be paying unless they manage to produce the CCA at some future point (very unlikely!)
Peter says
Hi Sara
My wife has 2 old debts with debt collection agencies which we asked them to provide the CCA agreement. They advised in writing they could not find these which was about 2 years ago. We are in the process of moving house and still receive about a letter a month from each asking for us to contact them to discuss setting up payment plans which we just ignore. My question is though if we tell them our change of address to that start the clock again on statue barred?
Sara (Debt Camel) says
Of course it doesn’t matter if you acknowledge the debt provided they cannot produce the CCA agreement. But I suggest you ask National Debtline on 0808 808 4000 about this.
Peter says
Thank you for prompt repsonse
David says
Hi Sarah. Last Oct you gave me great advice on CCA’s for old debts. As a result I have up to now received letters confirming that a total of £18k credit card debt is unenforceable. I also pursued a claim for a missold loan on affordabiliry and this was upheld, saving me another £7k. I am so grateful for your help and advice.
One more question if I may? I have another loan which I now realise was missold, but the debt has been sold to a collection firm and Bamboo are no longer involved. Should I write to Bamboo or the firm who bought the debt a couole of months ago? The loan was missold in July 2020.
Sara (Debt Camel) says
To Bamboo. Template here: https://debtcamel.co.uk/refunds-large-high-cost-loans/
Bamboo often rejects good complaints or make a poor offer. They can sometimes be persuaded to increase a poor offer. Otherwise send straight to the ombudsman.
David says
Thank you Sara for the prompt reply. I will email Bamboo to start with and see how they respnd. Many thanks again.
Pipwri says
Hi Sara
I am in desperate need of some advice – I had a letter before action from Overdales solicitors (acting for Lowell) asking for payment for two old debts and a payment of £109 for Sky. They had lumped the totals together snd it is £2100.
I immediately sent a CCA request to them snd they replied a week later saying they didn’t have that info but had requested it from their client snd will send it to me when they have received. I thought that would prevent court action for now but I was wrong.
I have now got a court claim. One of the debts for £1200 is for an old JD Williams account which I had put in an affordability complaint last year. No surprise but jd williams didn’t uphold it and it’s been with FOS since October as I have appealed. In panic I phoned FOS today to fast track it snd they will look at it within the next week. I told them I’d had the letter of claim. They said they would email Overdales. Is this the right thing to have done. I’m just so upset and confused.
Sara (Debt Camel) says
it is a good thing to have done but you also need to enter a defence to the claim.
Ask National Debtline on 0808 808 4000 for advice. And also post on the Legal Beagles forum for advice: https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues
GH says
Hi Sara, some advice please. I have a debt that was sold to IDEM servicing originally from a Lloyd’s CC. Can’t remember exactly when the debt was sold, but can see via online banking payments go as far back as 2015. The original debt would have been for about £7500 as this was the CC limit. Every month since 2015 I’ve paid £50pm. On several occasions over the years I’ve asked for settlement figures, I’ve been told its full balance required to clear the debt.
I know I would have by now paid more than what IDEM would have purchased the debt for and last week requested a CCA agreement along with £1 payment. There is no trace of this debt on my credit file anywhere. I’m aware 12 days is the timeframe they have to produce a CCA but in reality will take longer if found.
Can you advice please on my best options with regards to me not paying the remaining balance which is still £2100 if no CCA is produced.
Has anyone here also been in the same position with IDEM?
Thanks
Sara (Debt Camel) says
You can choose to stop paying them now and tell them you will resume payments if they find the CCA.
Or wait another couple of months before stopping paying.
Other people’s experience may not help you much – what matters is whether IDEM can retrieve this CCA from Lloyds, not whether they could find other ones.
S says
Hi GH,
“On several occasions over the years I’ve asked for settlement figures, I’ve been told its full balance required to clear the debt.”
I’ve been in a similar situation almost the same balances ‘Offer – review – decline’ seems to be idem’s review model even with an unenforcable agreement.
GH says
Hi S
Waiting to see if they can find a CCA. Have you tried to get yours?
S says
Hey GH,
Yes and I have 2 currently unenforceable debts because they can’t produce documents and they still won’t accept a reduced balance! Good luck though! S
Sara (Debt Camel) says
are the debts defaulted? if they are, just refuse to pay.
S says
Hi Sara – not paid for months, just commenting that enforceability makes no difference idem!
Paul says
Hi Sara,
I have an old debt which a CCJ was raised for and dropped off my credit file some time ago. I’m still paying token payments on the account but am wanting to wrap this up as have been doing so for years. Is requesting the CCA still relevant to make the debt unenforceable if a CCJ has already been issued and dropped off my credit file?
Any help would be greatly appreciated.
Many Thanks
Paul
Sara (Debt Camel) says
No, once there is a CCJ the CCA is irrelevant – the creditor doesn’t even have to try to find it if you ask for it.
What is the rest of your current financial situation like? Do you have other problem debts? Any important bills you are behind on?
GH says
Hi Sara,
I posted recently about a CCA request from IDEM. Today I had a letter saying….
‘Unfortunately, we are unable to supply a copy of the Credit Agreement at present and acknowledge that until we do so the agreement cannot be enforced……….
The balance of the account is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with the credit reference agencies…….’
Can I have your advice please? Can I stop paying this until a CCA is potentially found? There is nothing on my credit file with regards to this debt so can defaults and arrears be reported to credit reference agencies?
The original balance to IDEM was £9380 in 2010 it is now £2170 after paying £50pm the last 12yrs.
Another question if no CCA is found can I claim back payments I’ve already made as wasn’t aware until seeing this website I could request this and didn’t know if it can’t be provided the debt is not enforceable?
GH
Sara (Debt Camel) says
You can stop if you want. Tell them you will resume paying if they can produce the CCA agreement.
Unfortunately you can’t claim for the payments you have already made.
Kevin says
I’ve got my letters printed and ready to send I have more than 1 debt to each creditor and have a separate letter for each of the 3 reference numbers. Will they accept a cheque for £3 or will it need to be 3 × £1.
Thanks
Sara (Debt Camel) says
I would send 3 cheques
Kevin says
If my overdraft is covered by the cca but the debt collector doesn’t have to produce the cca is it legally enforceable for me to carry on paying this or not
Sara (Debt Camel) says
A CCA is not relevant for an overdraft. There is no point in asking for it.
M asif says
Hi ,
Link have taken me to court so its currently at the stage where i have to either pay up full or admit debt and set up payment plan or i can defend the claim . I am able to ask them to produce the cca as my defence ?
Sara (Debt Camel) says
Have you received a Claim Form from the court?
What sort of debt was this? How long is it since you made a payment to this debt, either to Link or a previous creditor?#
Have you previously asked for the CCA agreement?
And what are the rest of your finances like at the moment – is this your only problem debt or are there more that you haven’t been paying? Are you behind with any important bills?
M asif says
Yes i have received a claim form from the court
This was a credit card debt i have never made a payemnt to link
No not asked for a cca previously got some other cc behind on also but not behind on any importanat bills
Sara (Debt Camel) says
and when did you last make a payment to the card?
do you have any spare money to make an offer?
I am asking because although you can ask for the CCA, you cannot be sure they won’t be able to produce it.
It is a pity you have left it to this late stage and did not do this before when they sent you a letter Before Action.
A says
Around 2 years ago made last payment on card . Currently dont have spare money to make offer
Sara (Debt Camel) says
OK then the debt can’t be “statute barred” so that is not a possible defence.
You need to submit a defence urgently – the timescales are tight for doing this.
Just asking for a CCA now will not stop the court case, you have to defend it.
I suggest you phone National Debtline on 0808 808 4000 asap. they will also look at the rest of your debt situation and what your alternatives are.
You can also post on the Legal Beagles forum https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues asking for help.
shan says
Hi Sara,
Thank you for all your time, I followed a lot of your advice and I’m slowly coming out of this – God bless you
Re CCA request – For Link financial i wrote to them asking for CCA for 2 accounts , sending then 2 X £1 postal orders back in 2018.
these accounts defaulted in 2013 – and i was making payments till 2016 – ideally this is Saturate barded now – as no payment for 6 years (2016-2022)
how ever, when i call they are saying they have record of payments of £1 in 2018 – what they have done is taken those £1 as a payment, which i clearly wrote to them in the CCA letter that they should not do so. I disputed and they are coming back saying – there is no dispute – Please advice if they are allowed to take the £1 postal order with the CCA as a payment for debt – what can i do as next steps.
Regards,
Shan
Sara (Debt Camel) says
Talk to National Debtline about this, phone 0808 808 4000.
Shan says
Thanks, just wanted to check are they allowed to assign the £1 towards the debt – Appreciate your time
Sara (Debt Camel) says
No but depending on how you worded your CCA request, that in itself may have reset the statute barred clock, as the article above says. Talk to National Debtline.
Karen says
Hi Sara
I’m slowly working through my old debts, and I think I am on the last two. I have an overdraft of £1,500 with Santander and a credit card with Santander of around £2,500. They both defaulted around 2009 I think. They are both with Hoist and I have been paying £1 a month for each for years. I was wondering if I should ask for CCA for both from Hoist? Are overdrafts treated differently? I have never looked at affordability, but I guess this would be too late as I have not got any statements from either account. Any suggestions on the best course of action please. Many thanks
Sara (Debt Camel) says
A CCA isn’t relevant for an overdraft. But you can Ask for one for the credit card debt.
How large are your total defaulted debts? Non defaulted ones?
Karen says
Hi Sara. Is there anything I can do about the overdraft. That’s it now. Everything else is either paid off or no CCA so I stopped paying. Provident have put what I owe them to nil.
Sara (Debt Camel) says
It’s really old to be able to challenge affordability. The bank probably hasn’t kept any records.
You can offer Hoist a settlement offer? Could you afford that?