connaughts collections old debt

[joedempsey]

hi all

Had some great advice on this site this one is another regarding my wifes debts which she occurred during her wild younger days.
i need some help on this one.
This debt is about 20 years old shes not sure what or who it was with it was probably well stat barred when connaughts started writing to her (before i met her).
unfortunately she has been paying them for around 10 years at £7 a month. ( she didn't understand about stat barred at the time).
Now connaughts are writing regular for a increase in payments and a income/expend form.
Would it be worth me writing asking for CCA request, I am 99% sure they wont have one.
OR ignore the demands and keep her paying £7 a month.

any help on this would be great.

Regards


Joe dempsey

[Amethyst]

Re: connaughts collections old debt

It would be worth her writing with a CCA request yes. Although doing so might push them into taking formal action (like court action) but that might help draw the matter to a close rather than eternally paying £7 a month.

How much is outstanding on the debt ? and is she paying under a CCJ or just an arrangement made informally with connaught ?

[joedempsey]

Re: connaughts collections old debt

It would be worth her writing with a CCA request yes. Although doing so might push them into taking formal action (like court action) but that might help draw the matter to a close rather than eternally paying £7 a month.

How much is outstanding on the debt ? and is she paying under a CCJ or just an arrangement made informally with connaught ?

hi thanks for the reply

she thinks the balance is around £3000 ish... no there is no CCJ just an arrangement to pay never had a court letter or anything.

regards

Joe

[joedempsey]

Re: connaughts collections old debt

Another question if this debt is over 20 years old and they did decide to start a court case over my request for a CCa how much stat interest could they claim surly they couldn't claim since they bought the debt over 11 years ago?

ive also had another idea to let sleeping dogs die till April till the new regs come out where they would have to produce a Cca before proceedings.
do you think this is a good idea?
I don't really want to stat a hornets nest over £7 a month neither do I want my wife to keep paying if she don't have to.

regards

Joe

[joedempsey]

Re: connaughts collections old debt

can any experienced members can help me with this one thanks

Regards

[Amethyst]

Re: connaughts collections old debt

If you're okay paying the £7 for now then keep doing so, It isn't 100% exactly what the new rules will be in April or how they will actually work in practice in the courts system so it will probably still be a case of sending a CCA request off, but waiting until after Christmas is probably wise just in case they leap into action with a court claim when you start communicating with them. It is unusual for them to have kept an informal arrangement up for so long, so it might be worth having a check on her credit file just to make sure no CCJ has snuck in, although it could well have been 11 years ago so long since fallen off the register.

As it has been being paid by agreement I don't think they can claim back to when they bought the debt, I don't know if the debt had already defaulted when the payment arrangement was made or if interest is still accruing under the agreement so tough one. If she hadn't been paying then yes it is likely they would try adding 11 yrs interest on, but then if she hadn't been paying it would be well stat barred or over and done with long ago.

[joedempsey]

Re: connaughts collections old debt

Hi thanks for the reply
I think I will take your advise and wait till after Xmas
there was def no CCJ and there is nothing still on her credit report.
that makes me think they won't have anything regarding a CCA or anything

but it scares me to think they can still produce a reconstituted agreement and get away with it fake or not Or will they have to provide a signed one with it being well before 2007.

regards.


Joe

[Amethyst]

Re: connaughts collections old debt

As she doesn't actually know what or who the debt is from originally she can deny ever having signed a credit agreement - especially if it turns out to be a catalogue debt. Then yes they will have to produce the original signed agreement.

[joedempsey]

Re: connaughts collections old debt

As she doesn't actually know what or who the debt is from originally she can deny ever having signed a credit agreement - especially if it turns out to be a catalogue debt. Then yes they will have to produce the original signed agreement.

Ohh that's great she had so many debts back then she didn't know what was what.
brilliant advice thank you very much

[righty]

Re: connaughts collections old debt

If they didn't provide you with a yearly statement (a requirement) which showed % being added they have no chance of claiming added %. Also if you didn't get said statements that could also jeopardize any court claim they might have a mind to issue

[FlamingParrot]

Re: connaughts collections old debt

I think I will take your advise and wait till after Xmas
there was def no CCJ and there is nothing still on her credit report.
that makes me think they won't have anything regarding a CCA or anything

The reason it's not on the credit report is because defaults don't live forever, they drop off after 6 years, if this was defaulted 20 years ago there would be no trace of it now, and even if a CCJ had been obtained over 6 years ago, it would have fallen off the record. It's nothing to do with the existence of a valid agreement.

but it scares me to think they can still produce a reconstituted agreement and get away with it fake or not Or will they have to provide a signed one with it being well before 2007.

The Carey ruling that allowed recons to be provided in response to a CCA request also applies to pre-2007 agreements, however, a recon has to be accurate and it's highly unlikely they would be able to reconstitute an agreement after 20 years since the original lender probably wouldn't have the data, especially if they sold the debt 11 years ago. :thumb: