No CCA

[debtisbad]

I received a letter from the good people at Lowell (DCA) saying that my CCA was not on file as it was too old. The credit card started as Abbey, then was transferred to MBNA when they took over the Abbey and finally sold to Lowell's. I argued with Lowell's for several years (well, I always win in the end, i just outrun them!) until i asked for the CCA, which is when the whole thing went belly up for them, writing off around 10 000 pounds.

Does anybody know if, under these circumstances, it is possible to claim back all payments ever made to the "non-existent" account?

[LuggerBugs]

Re: No CCA

Theoretically... yes.

Realistically... no.

Personally speaking, to contemplate doing so stretches even my moral boundaries. Which is why I have been content to fight on the basis that as long as I have paid at least the principal originally borrowed, I can sleep easy.

It's not to say I haven't used the threat of chasing the whole lot as a bargaining tool.

[Amethyst]

Re: No CCA

I'm with Lugger. Its a difficult one because theoretically you should be entitled to reclaim payments as they were paid under a mistake as there was no agreement, however in court I think a Judge would just ask did you borrow 10k ? yes, well pay it back.

The agreement in my view holds the interest/charges part of the loan so I would sit better with reclaiming anything you had paid beyond that of the original loan. So if you had a 10k loan and had paid 12.5k back and still had 3k still to run, then claim back the 2.5k (plus stat intrest) as the lender wasnt entitled to add interest etc.

If you have only paid £8k of a 10k loan where interest would have taken it to 15k then personally Id make an arrangement to pay 2k, but there is indeed under the cca no enforcement action that can be taken until they can find the OA unless you get it declared unenforceable in court or their written agreement that the amount is written off.

If anything I'd keep a close eye on the cheshire referred cases as I would think this will be one of the 27 areas they are covering.

For info also there are now stays on cases for injunctions against processing data in these circumstances (ie sticking it on your credit file).

(thats a bit of a confusing ramble isnt it sorry)

[Sapphire]

Re: No CCA

I'm with Ame and Lugger on this, I've had a debt written off because of a non existant CCA, personally I'm content as it is and to try to claim back whats been paid 'could' open up a whole new can of worms imho.

I think its time to sit back and wait for the outcome of the 'Cheshire' cases.

[debtisbad]

Re: No CCA

I'm with Ame and Lugger on this, I've had a debt written off because of a non existant CCA, personally I'm content as it is and to try to claim back whats been paid 'could' open up a whole new can of worms imho.

I think its time to sit back and wait for the outcome of the 'Cheshire' cases.

Thanks fr the responses above, writing off a 10K debt is good enough, so i shouldn't be greedy and ask for anything back.

Also, I checked my credit reference file today from abroad, first time in over a year. It also has an additional service where you get your credit score. I actually came out average in the "fair" category which surprised me as I though I would have been wiped off the financial landscape.

It also stated that this account and three others went into default in early 2005, so there is only about 18 months to go before the file is cleared.

I asked for a notice to be put on two accounts on the file, this one, where the CCA was lost and one with CapQuest who closed the account as they didnot realise there was a prior dispute with Egg. I know I live abroad but i don't like to leave a mess behind in the UK, although I have no plans to return in the near future.

[Curlyben]

Re: No CCA

To be honest if you push CQ to remove the data as it is clearly incorrect, they will
Notices of correction are some times viewed in the same light as defaults anyway.