Old credit card debt, worried sick

[Sue79]

Hi,
some years ago I was in a very abusive relationship and subsequently got into some credit card debt.

On January 21 I received a notice of pending legal action from Lowells. I thought the debt was statute-barred but they have sent evidence that the last payment I made was in July 2016.

In June I requested my CCA and in November I received a photocopy of a 'short application form.'

The company that are now chasing me are Overdales. I've worked hard to get my life back together but I don't have the money to pay this debt (£3,000)

I am worried sick, what should I do?

[ostell]

Others with more experience will answer in depth.

An application form is not a CCA

And what evidence have they shown that a payment was made in 2016? Not unknown for strange payments to be applied that stop a statute barred argument. Suggest you write back to them and ask for full details of how that payment was made, by who by what means ie cheque or transfer, from which bank and from which account

[echat11]

Hi Sue

It might be an idea to send them a SAR, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Have a read through this, when they send you a response to your CCA request, there are are other documents they must send -

https://www.handbook.fca.org.uk/hand...ate=2018-01-03

[Sue79]

Hi,

thank you both so much for your replies, it's much appreciated.

Originally I thought that the debt was statute-barred so I requested all the information they held without admitting liability. In the pile of papers that arrived sometime later, there is a photocopy of the cheque that I sent in July 2016.

I've been advised that by requesting a cca, although I didn't admit liability, that I have now set the clock back re my debt anyway.

I'm going to read through the links that you posted, thank you very much. Does this now mean that my credit rating will be trashed whatever I do?

[echat11]

Hi,

thank you both so much for your replies, it's much appreciated.

Originally I thought that the debt was statute-barred so I requested all the information they held without admitting liability. In the pile of papers that arrived sometime later, there is a photocopy of the cheque that I sent in July 2016.

I've been advised that by requesting a cca, although I didn't admit liability, that I have now set the clock back re my debt anyway.

I'm going to read through the links that you posted, thank you very much. Does this now mean that my credit rating will be trashed whatever I do?

It depends on what they do? It also depends on what information they actually sent, whether the agreement if 'enforceable'. Also try not to worry.

[Sue79]

I'm thinking that it would be best for me to write to them and say that the application form they sent is not the cca and see how they respond?

The other option is to try and see if they will accept a very low offer. If I try this, will any payment be registered on my credit file as 'partly satisfied' and how would that affect my rating?

Thank you again for your help.

[echat11]

Can you upload the 'short application form'? Remove all personal details, might be an idea make a copy first.

Partially 'satisfied' -

https://www.checkmyfile.com/articles...t-accounts.htm

[Sue79]

I've made a pdf copy but can't upload it. Do documents need to be in a different format?

[echat11]

I've made a pdf copy but can't upload it. Do documents need to be in a different format?

Use Imgur - https://help.imgur.com/hc/en-us/arti...oading-Content

[Sue79]

Here's a copy of the short application form I was sent. I hope I've done this correctly.

https://imgur.com/R2Sf1KZ

[MIKE770]

never remind a company a CCA is not correct as you give them rime to correct it look around site and see how generally these go! the company know the rules.

[Sue79]

Thank you for your reply.

So am I correct in thinking that this is not a proper credit agreement?

They've given me 30 days to respond but they are threatening court action and I've previously had the Pre-action Protocol.

I really don't want to get a ccj but I'm not sure what to do next.

[MIKE770]

Pre-Action Letters for info

a long way off a CCJ they have to prove all before that, and many fail they try to panic you, CCJ no problem not that bad unless credit

[Sue79]

Can anyone advise me if this is a proper credit agreement?

https://imgur.com/a/FPiEPwE

[echat11]

Can anyone advise me if this is a proper credit agreement?

https://imgur.com/a/FPiEPwE

Celestine Can you please take a look and advise, many thanks.