Credit card saga?

[Onestepatatime]

My wife has a credit card account that is being dealt with by the beloved Drydensfairfax people.
They had sent an illegible agreement to my wife a couple of months ago,now out of the blue and totally unexpected they have sent a batch of statements of acccount from 2005-2011 with a letter referring to a telephone call that apparently (in their world) my wife had made to their office. Now my wife has made no contact with these people as I'm actually dealing with everything??
The second interesting thing is the account was opened in 2003- we know this as my wife was issued the card at our old address - the statements only start from our then new address but this is not our current address and there are no statements from current address???

Thirdly something that is more food for thought than anything else. The card in question was recommended to my wife even though she was not working and had no income at the time. She was advised too apply for it on the basis that she was married and I worked ?? Is there any potential for claim here? Also we note from the statements that have been sent that at the time when she was paying a significantly reduced token payments the charges for interest etc had been stopped, again is there any redress on that?

Sorry for all questions but all advice gladly welcomed.

Will just say at no time has a formal CCA request been asked for by my wife.

[charitynjw]

Re: Credit card saga?

Hi Onestepatatime

Same issue as this?
http://legalbeagles.info/forums/show...775#post747775

[Onestepatatime]

Re: Credit card saga?

No this is wife's account.

[charitynjw]

Re: Credit card saga?

Ah, ok.

I'm assuming no court claim atm; any letter before action/claim?
Why did they send the (illegible) agreement?
Who is/was the original lender, who is the assignee (if relevant) & approx how much are we talking about?

[Debt Camel]

Re: Credit card saga?

Thirdly something that is more food for thought than anything else. The card in question was recommended to my wife even though she was not working and had no income at the time. She was advised to apply for it on the basis that she was married and I worked ?? Is there any potential for claim here?

Well you can try to defend any Claim on the basis of an unfair relationship. That isn't an easy defence if it is in last 6 years, from that long ago I doubt you have any chance.

Also we note from the statements that have been sent that at the time when she was paying a significantly reduced token payments the charges for interest etc had been stopped, again is there any redress on that?

do you mean interest was stopped? or that it wasn't? how long ago was this?

Will just say at no time has a formal CCA request been asked for by my wife.

why not? compared to the rest of what can be described as clutching at straws, asking for a CCA agreement has some realistic chance of working

When did your wife last make a payment to this account?

[Onestepatatime]

Re: Credit card saga?

[MENTION=48934]Debt Camel[/MENTION]
I refer to both late fee, over limit fee and the interest was not stopped initially when informed that could no longer meet payments. Defaulted 2011,

Hadn't got to a point of asking for Formal cca request as only just received their intro letter. I am going to commence formal request this week.

Last payment would have been 2016, had been paying a nominal amount of £5 from 2011.

[Onestepatatime]

Re: Credit card saga?

[MENTION=5553]charitynjw[/MENTION]
There has been no LBA or court claim.
Following their intro letter I asked for some evidence of their clients claim as we had had no dealings with their client. This is when they sent illegible agreement. I then made mistake of saying it was illegible which I've heard nothing until this letter and statements.

Their client is AG Ltd, OC is Sainsbury's amount is £8700.

[Debt Camel]

Re: Credit card saga?

Did you supply Sainsburys with an Income & expenditure statement back in 2011 when your wife defaulted? Did she have other debts at the time? Why did she stop making payments in 2016?

[Onestepatatime]

Re: Credit card saga?

No she didn't as we initially wrote to them to advise of a change of circumstances, they then called her to discuss what she could afford and they said could she afford £5 a month she said she could so did.
We stopped payments following a bit of searching on web and the learning knowledge of DCA's and there lack of compliance. We got to this stage after numerous failed attempts to agree a reduced settlement figure despite the many offers to help us get out of debt by the DCA.
There are many debts in her name and similar (but separate) in mine.

[Debt Camel]

Re: Credit card saga?

No she didn't as we initially wrote to them to advise of a change of circumstances, they then called her to discuss what she could afford and they said could she afford £5 a month she said she could so did.

If you didn't ask for interest to be frozen and provide some evidence she couldn't afford more, you aren't in a very strong position to complain this long after the event. Certainly it won't help a court case. You could put a complaint in now to Sainsbury's (see https://debtcamel.co.uk/creditor-wont-freeze-interest/) but I would be surprised if it is upheld.

We stopped payments following a bit of searching on web and the learning knowledge of DCA's and there lack of compliance.

and how well do you feel this is currently working? This is just the first of many letters threatening action you are likely to get. What is your plan to deal with these? lose just one court case and she/you have your credit record wrecked for another 6 years. Do you have any assets to make partial settlement offers with? If you do you should be trying to sort out the other debts to prevent them getting to court action stage. Asking for CCA agreements on all of them now could be a good idea.

[Onestepatatime]

Re: Credit card saga?

No assets.
Hear you loud and clear.

[Onestepatatime]

Re: Credit card saga?

The charges idea I thought would be a long shot but no harm in asking those with better knowledge.

Is it worth doing the SAR to all first to gauge my position then the CCA requests?

Would doing either SAR or CCA requests alert those to my intentions and make them act quicker?

[warwick65]

Re: Credit card saga?

I did 20 cca requests in 2012 at least I think it was 20 and have only had one claim some 5 years later.

It did for a while mean I was getting lots of post and sending lots of replies. That tailed off during the year. Some I haven't heard from in 4 years now.

[Onestepatatime]

Re: Credit card saga?

With respect can I ask when you defaulted in relation to when you sent the CCA requests? I'm struggling to understand how this information is lost between OC and DCA, at what point do the OC destroy the original paperwork?

I guess I hav a fear that they will produce all that they need possibly via reconstitution and I'll get stung?

- - - Updated - - -

One other thing just came to mind, at what point will yours become statute barred?
I'm just trying to understand timescales and the DCAs actions.

[warwick65]

Re: Credit card saga?

Hi. The default dates were varied but some years before. I was on a DMP.
All my debts are due to become SB in the next few months.

Sometimes once a debt is sold the old owners just can't be bothered to look or as in my case some of the agreements existed but were not set out correctly and due to being re 2007 are unenforceable.