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Re: NatWest Credit Card F&F advice needed please
Hi Florish
I understand your reservations about not wanting to receive a court claim, but they could still do this now anyway, and if you can get something in writing from them stating they cannot provide a copy of the CCA then they are less likely to issue a claim.
I'm assuming that you were advised to pay £1/month to 'show willing' and that the creditor then won't issue a court claim. I'm afraid to say that this is not correct.
The main reason that creditors prefer you to continue paying £1/month is that it prevents the debt from ever becoming statute barred meaning that they can either demand increased payments or issue a court claim anyway. There are plenty of people out there on debt management plans for several years only to receive court claims with a year or so to go on their payments. Its the creditors way of screwing you over for a few more years as a spiteful retribution.
Making a CCA request is a legal right that you have, and the creditor has a legal obligation to fulfill it. You don't own your own home, you have no assets, therefore I cannot see what you have to lose by stopping payments, and using the £1 for next couple of months payment to get a postal order and send a CCA request by recorded delivery.
They then have 14 days to respond with a copy of the agreement - if they do not they are in default of your request.
You then pay nothing for 6 years and the debt becomes statute barred (5 years if you are in Scotland) and then they legally can't pursue you for the debt. If things get heavy then everyone here will offer help and guidance on what steps to take.
Best
SnV
Hi Florish
I understand your reservations about not wanting to receive a court claim, but they could still do this now anyway, and if you can get something in writing from them stating they cannot provide a copy of the CCA then they are less likely to issue a claim.
I'm assuming that you were advised to pay £1/month to 'show willing' and that the creditor then won't issue a court claim. I'm afraid to say that this is not correct.
The main reason that creditors prefer you to continue paying £1/month is that it prevents the debt from ever becoming statute barred meaning that they can either demand increased payments or issue a court claim anyway. There are plenty of people out there on debt management plans for several years only to receive court claims with a year or so to go on their payments. Its the creditors way of screwing you over for a few more years as a spiteful retribution.
Making a CCA request is a legal right that you have, and the creditor has a legal obligation to fulfill it. You don't own your own home, you have no assets, therefore I cannot see what you have to lose by stopping payments, and using the £1 for next couple of months payment to get a postal order and send a CCA request by recorded delivery.
They then have 14 days to respond with a copy of the agreement - if they do not they are in default of your request.
You then pay nothing for 6 years and the debt becomes statute barred (5 years if you are in Scotland) and then they legally can't pursue you for the debt. If things get heavy then everyone here will offer help and guidance on what steps to take.
Best
SnV
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