Very Old Mint credit card paying token amount

[sidley]

Hello, I am just enquiring about an old (1994) Mint (RBS) credit card debt £12,000. I went into default due to health issues Oct 2011. Have been paying a token amount of £5 p.m. since then.

In 2014 they started asking for full payment and I went through the Financial Ombudsman Service (FoS) as they had not been responding to my requests for the agreement etc re 1974 Consumer Act. Instead they returned the P.O. for £1 back to me each time with no explanation as to why.

The FoS at first thought I was trying to get them to adjudicate on the legal enforceability of what they had sent to me. I asked the FoS to intercede on my behalf to get a reason for lack of response. Eventually, after a few weeks they sent a letter to me stating ' that the Original Agreement was not kept and it would not be possible to reconstitute a copy to satisfy my CCA request and as such the debt was no longer legally enforceable but I still owed them the money, blah, blah.'

They sent me a statement every month until August 2016 and I have heard nothing from them since then. No letters, correspondence or statements. No one chasing me.

So, have they forgotten about it or given up as it is not legally enforceable? Under the CCA 1974 they must send a statement of arrears, but nothing for the last 5 years.

I know I could stop paying the £5 p.m. but I don't want to open a can of worms so to speak.

What should I do?

Thanks for any help.

sidley

PS the other 2 credit card debts with Halifax and Natwest still paying £5 p.m. and they just send me a statement of arrears.

[echat11]

des8 MIKE770 Please can you take a look and advise, Many thanks.

[des8]

Here's Debtcamel's take on this situation: https://debtcamel.co.uk/ask-cca-agreement-for-debt/

[sidley]

Just to expand on the info already given. I am quite happy to pay £15 p.m. for the rest of my life (I'm retired, no mortgage etc) just to keep them at bay. Or will they start, after such a long time, trying to collect again?

The other 2 credit card debt, both from mid 1990's were sold to Cabot. They started their threatograms, but after my success with the FoS with Mint, I did they same thing with Halifax and Nat West. The letters I got from both of them were similar to Mint. They stated " that the originals had been misfiled and they could not provide me with a reconstituted agreement. Therefore whilst this remains the case the debt is unenforceable, but you still owe the money etc, etc."

The chap at the FoS dealing with my case said he had worked in a bank for 12 years and they all threw the agreements into a box which was picked up by a company for storage. He doubts that they could ever find the original agreements and being pre 2007 they would be unenforceable in court.

I do get regular correspondence from Cabot as in a statement of account. Very occasionally, I get one saying that I am still paying the original creditor ( I am) and I should contact them to arrange affordable repayments. Years ago a sent off a copy of the banks letters to Cabot and I just ignore their offer to renegotiate the terms since then.

So, would it be best to carry on the £15 p.m. If I stopped paying what would be the likely outcome?

Thanks
sidley

[sidley]

Thank you des8, interesting reading.

[echat11]

If these accounts are 'unenforceable', you could consider writing to your creditors, explain that you are 'retired' and any other circumstances you think they should consider and ask them to 'write off' the debts.

https://www.citizensadvice.org.uk/de...debt---letter/

[sidley]

Thanks Echatt for your advice and help.

sidley