Unenforceable CCA

[Autumn]

I've only just stumbled upon this fabulous site today and wish i'd found it earlier on in my journey I need some help please? So a couple of months ago after being on DMP for four years (i'm now self managing) i've started the f&f and unenforceable journey. I've been waiting for 2.5 months for some CCA's that I requested from Link (Old Barclaycard debts), i chased again today to be told it still hasn't arrived from Barclaycard and they will chase up. I've continued to pay Link whilst waiting. How much longer should I wait? What is a reasonable amount of time to wait? I did request another CCA (mbna) from Link which they sent through. However i'm unsure if it is in fact enforceable as although it says at the top CCA regulated by the consumer credit act etc and says the lender is MBNA and my name and address are underneath - it doesn't say how much i borrowed it just tells me key financial information. Can anyone advise please? I can send through a scanned copy if it helps. Really appreciate any help anyone can give me. Thanks so much

[Joanna Connolly Solicitors]

Hello

I'm glad you've found this forum where you will get plenty of help and support from the members.

First things first, never chase a debt owner for a response to your s 77-79 CCA Request. In an ideal world they would never be able to comply so the debt becomes unenforceable until or unless they do.

In some cases debt owners don't/can't comply and they close the account (not often enough!). In other cases it goes quiet for two years and then they suddenly come up with a reconstituted document which they hope you'll believe to be credible.

Section 77-79 CCA is for 'information' purposes not 'proof' purposes. Even if you're sent 'something' that doesn't mean the 'something' will comply with other statutory obligations in the Act (more later on that).

The best way forward is to list each of you debts in a separate post on this thread with as much information as possible since no two accounts are alike. That way you'll get bespoke advice for each one which may progress at different speeds.

I look forward to helping you.

Di

[Autumn]

Hi Di - thanks for your reply. So I have three accounts with Link as follows:

Barclaycard (originally Egg) Taken out on 24th October 2003 balance as of today of £1864.69. Monthly payment is £45.98

Barclaycard Taken out on 25th September 1991 Balance as of today of £5861.00. Monthly payment is £143.05

MBNA Taken out on 21st October 2006 Balance as of today of £674.71 - this is the one where i've received an odd photocopy of the 'CCA'. Monthly payment is £16.66

I originally requested copies of the CCA's at the end of July. I've still not received anything regarding the barclaycard ones despite me chasing.

I'm self managing after coming out of my DMP two months ago and and still making regular payments.

I've tried to include as much information as I can, if i've missed anything or you need anything else please let me know.

Thanks again Di, really appreciate all your help

[nightwatch]

Hi Autumn,

So that it's easier to help you could we ask that you make a seperate post for the 3 debts (still on this page) this will become your diary,
could you please set it out in the following format

• Type of account (credit card/loan/overdraft/catalogue)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the original lender or a debt purchaser

you can then add any other information to that post that is relevant ie,

If a CCA has been sent, if so when, did you get a reply, if so what was it,

then click post, when any other information is received just go back to that post click on edit and update the post, save then hit quote and ask any question or if no information is wanted just state update.
do this for the other two accounts.

Sorry if this feels like being back at school but as you can imagine with the ammount of people we are helping, it saves us from having to read back through every post to see what has been recomended,
My Diary is 64 pages long so would take quite a while to read through it all,

Please feel free to read some of the Diarys to get an idea of what I am asking

looking forward to helping you

NW

[nanna58]

Hi Autumn
stick With the advise given and you will be fine and good luck xxx

[Joanna Connolly Solicitors]

Hi Di - thanks for your reply. So I have three accounts with Link as follows:

Barclaycard (originally Egg) Taken out on 24th October 2003 balance as of today of £1864.69. Monthly payment is £45.98

Barclaycard Taken out on 25th September 1991 Balance as of today of £5861.00. Monthly payment is £143.05

MBNA Taken out on 21st October 2006 Balance as of today of £674.71 - this is the one where i've received an odd photocopy of the 'CCA'. Monthly payment is £16.66

I originally requested copies of the CCA's at the end of July. I've still not received anything regarding the barclaycard ones despite me chasing.

I'm self managing after coming out of my DMP two months ago and and still making regular payments.

You need to send the credit agreement you've received for the ex-MBNA debt to Niddy by email using webmaster@all-about-debt.co.uk for an opinion on whether it is enforceable or not. Don't redact/remove any information and put your username in the email with a link to this thread.

From what you say the two ex-Barclaycard accounts are currently unenforceable because they have not complied with your s 77-79 CCA Request within the statutory timeframe.

It's now up to you to decide whether you wish to carry on paying them. The longer you carry on paying them the longer you'll prolong the Statute Barred date.

You must do what feels right for you.

Di

[Autumn]

Thanks so much Di. Apologies for the late response, i've been poorly the last couple of days. I will send a copy of the ex-MBNA debt to Niddy this afternoon - thank you.

Would you mind explaining a couple of things for me please. So with regards to the ex-Barclaycard accounts, how long is the Statute Barred? Also will this have an effect on my credit rating (is already very poor) but am trying to build it up if I can. I have approximately another two years before my debts will be cleared. Should I inform them that I am no longer going to make any payments? Also what is the statutory timeframe?

Thanks again really appreciate all your help

[The Tech Clerk]

six years SB , default on credit file is 6 years Eng/Wales /5 years scotland ( Note Discrimination in the UK)

[cymruambyth]

As TC said, they become statute barre 6 years after you last paid or acknowledged them. However, they drop off your credit record 6 years after the default is registered even if they are still being paid.