CCA Request

[DS50]

Hi!
Thanks to Sara at Debt Camel for her help and referral.

Wonder if anyone can help?

I made a CCA request with Idem Servicing for 2 very old MBNA Credit card Agreements (October 2021). They replied within the time frame noting the debts were currently unenforceable and I should take whatever action I felt appropriate but I wouldn't be released from my obligation. I contacted them regarding a Full & Final settlement, which they declined in writing. I contacted them by email, stating I had asked Step Change to pause repayments until such time they could provide the documents. (Subsequently, Step Changed closed my DMP)


Late January 2022, idem wrote to me with the "original copy of the loan agreement" a terms sheet and noted they couldn't provide a copy of the 2nd account so therefore unenforceable but still due.

However, what they attached was a copy (A bad one at that) of the application form and if I had any questions I should contact them. It doesn't state that the agreement is now enforceable and I should contact them to arrange payments, which I found odd. I emailed and noted I was confused at what they had provided being a bad copy of the application form and asked "Does this fulfil my original request?"

They replied by post with another copy of the same application form, terms and a covering letter stating their account information.

Account number
Date of inception
Interest rate (0% - I suspect thats the current rate, definitely not the original)
Due Date - 28th February 2022
Balance

Again, no note as to the enforceability or request to contact them to make payments - Just the implication its enforceable

The application form is barely legible in places and illegible in others and I've just realised reading it again now, incomplete or at least I think it is - It was a mailer that was sent out by MBNA inviting me to apply, its shows only my initial and surname and the address isn't accurate, by that I mean for example correct address "Mount Lodge, High Street" on the application would read "Flat 1, Mount, High Street" and the section for my full name and date of birth and the type of card I wanted, I didn't complete. (Not sure if the latter is relevant)

A creditor has to be clear regarding an agreement being unenforceable, do they have to be equally as clear when it's enforceable?

I was just about to email them again and ask them for help and explain why they think this is the original agreement and their view on the enforceability, thought it a good idea to ask here first.

Thanks in advance!

[EnglandPi]

How old is the debt? Is it statute barred?

The creditor is under no obligation to tell you if something is or isnt enforceable.

[DS50]

Thanks for your reply - The debt isn't statute barred by old I mean the agreement was taken out in 2000 and defaulted 11 years ago and sold to idem, Ive been making payments through a DMP. My understanding is a creditor should tell you if an agreement is unenforceable when CCA request has been made and original documents can't be produced and any subsequent request for payment needs to state this. Sara's website Debt Camel notes "When a debt is unenforceable, that should be mentioned in any letters asking for payment"

[EnglandPi]

Many things should happen, dont take should as gospel.

[DS50]

IF anyone should read my rather wordy question and be in a similar situation and wow 8 months I've been working this!

In short - If your creditor can't provide documents under CCA s77-79, the agreement is unenforceable and they can't state otherwise.
(Don't get giddy if they can't provide within 12 working days!)

IF, as my experience, they provide part of the agreement, it's up to you to argue it's unenforceable.

(Which I did. Their response was they were confident it was enforceable, the debt due and it would be for the court to decide otherwise.....
And sold the agreement to another DCA. Perhaps not that confident!)

[MIKE770]

all CCA 1974 agreement prior to 2007 has to a true copy of original including and terms etc as updated. they sent you a cca? but is it copy original I bet not?

Iron Mountain fire in lot of cases.

echat11