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Credit card debts/asking for CCA

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  • Credit card debts/asking for CCA

    Hi everyone, hoping someone can offer me some advice. Apologies for long post!

    We have 5 credit card debts. In 2010 with the help of the CAB we arranged defaults for all of them and started repaying small amounts, which gradually reduced over the years as our financial situation worsened (my redundancy and eventual unemployment). Four have been sold to collection agencies over the years.
    All have now gone from our credit file. We have been paying tiny minimal amounts for the last 10 years but it is so stressful with these agencies constantly asking for more money. My husband is now facing a 3 day week or redundancy. We will never pay them off on our income so we have plucked up courage and decided to ask for the CCA's. I have 2 questions please.

    1. Some of these credit cards were taken out well before 2000 (some definitely from our previous address in the 90's) but how can we prove this if they drum up some sort of CCA for our current address?? I have no actual paperwork from back then, but we remortgaged in 1999 to pay them off the first time!

    2. I owe about £6000 to M & S. Since 2010 I have been paying them a tiny sum each month. For the last 2 years I have paid nothing as they agreed I couldn't afford it. At one point they said at the next review it would be written off but they never did this. This account has finally been passed to a collection agency a few weeks ago. I spoke to them on the phone and they said they would first write to M & S about them saying they would write the debt off (which they DID say). M & S replied to say they never said this, and now I have to start a new agreement with this agency. I am scared to ask for a CCA for this account as I assume M & S would have a copy of it although this card is the oldest. It started out as a store card back in the mid 80's and at some point morphed into a credit card. What would the CCA for this one have to say (ie original store card agreement or credit card agreement?) and again, how can I prove how old it is if they cobble some T & C's together?

    We are very scared to ask for CCA's - is it what we should do at his point?
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  • #2
    From a very rusty memory I believe that there have been some court cases about this very point of changing store cards to Credit cards, and the results would be favourable to you. No doubt one of the real regulars will be along to help you.

    Yes, request a CCA

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