CCA's not found

[Clem60]

My husband and I have various credit card debts - most of the cards were taken out in the 80's. Since 2008 when we went to the citizens advice bureau we had them all put on hold and started voluntary payments for minimal amounts (around £6 - £2 a month). All were moved to various debt collection agencies.

Last December I asked for CCA's for all of them. No one was able to provide a CCA. We have waited a year but nothing further.

I just cancelled the standing orders and am now starting to get letters and phone calls. How should I deal with them? I have asked them not to phone but they still do. My husband is unwell and is not able to deal with the stress. Is there a chance they could come up with a CCA now? (seems unlikely as well before computers).

[Clem60]

Not sure why you continued paying if they acknowledged the debt is unenforceable but thats not relevant right now. If they are contacting you trying to pressure for payment then write back to them and explain that you made a request for the agreement and received a response that they couldn't comply and acknowledged the debt is unenforceable.

On that basis you have stopped repaying as is your right so they should stop harassing you or you will consider further action. That further action can be a claim against the debt collectors for harassment and seek compensation but that is optional and depends if you're willing to follow through.

Thanks for the reply, appreciate your help.

We continued paying (a) to give them time to find a CCA agreement, I've read that they can suddenly come up with them about six months later and (b) because we were afraid of the consequences ie harassment which is sadly now happening. I would like to write one final letter to all of them asking them to only write and stop ringing us (is that within my rights)? The calls frighten me. I am hoping if we don't acknowledge them again after that we may get past the six years where they can still make a claim? (These debts are long gone from our credit records....)

What can they do to us legally if they don't have a CCA? I'm pretty sure that as some of the cards were taken out in the 80s they won't ever find them?

[R0b]

Not sure why you continued paying if they acknowledged the debt is unenforceable but thats not relevant right now. If they are contacting you trying to pressure for payment then write back to them and explain that you made a request for the agreement and received a response that they couldn't comply and acknowledged the debt is unenforceable.

On that basis you have stopped repaying as is your right so they should stop harassing you or you will consider further action. That further action can be a claim against the debt collectors for harassment and seek compensation but that is optional and depends if you're willing to follow through.

[Clem60]

Did you make a formal request for the contacts under the CCA where you pay £1 or was it an informal request? If it is the former, they have a prescribed number of days to respond otherwise it's not enforceable whereas the latter does not.

If they never provided the documents under the formal request, they can't harass you since you are entitled to stop paying until all of those documents are given.

Thank you so much for responding. Yes last December I sent all the letters out properly with the £1 fee and recorded delivery. I had replies from all of them saying they could not find the agreements and that the debt was unenforcable but I should keep paying. I have paid for most of this year to give them time to come up with the CCA's but this doesn't seem likely to happen now does it? So I've just stopped paying this month.

I'm really more worried about them starting harassing us again because I've now stopped paying, and whether I should reply or not to them? They are all debt collection agencies - none are with the original lenders - and some have been sold on more than once. These debts dropped off our credit reports about 7 years ago.

[R0b]

Did you make a formal request for the contacts under the CCA where you pay £1 or was it an informal request? If it is the former, they have a prescribed number of days to respond otherwise it's not enforceable whereas the latter does not.

If they never provided the documents under the formal request, they can't harass you since you are entitled to stop paying until all of those documents are given.