Co-op and Lowells - help please!

[PositivePenury]

Thanks for reading! Briefly:

 

- I developed serious chronic incurable illness over last few years and got deep into unsecured debt on various cards

- Co-op debt in five figures

- haven't used the card for years

- got to stage where couldn't make payments

- card originally taken out many years ago

- Lowells taken over from Co-op

- CCA request sent on 22/05/13

- Lowells reply 28/5/13 saying do their best to get information within 12 working days

- Lowells write again on 4 June saying Co-op trying to retrieve from archive and that will seek payment of full balance when have the agreement

- the claimed amount does NOT appear on my credit file

 

Questions:

 

1. Will Co-op have documents going back years?

2. Is there any point in sending a SAR to either Co-op or Lowells?

3. Would it be best to let sleeping dogs lie re charges etc whilst they can't enforce?

4. Any idea why it doesn't appear on my credit file? Any significance to this?

 

Many thanks in advance.

[dx100uk]

if a debt was defaulted more than 6yrs ago it will be gone paid or not.

 

all defaulted debts vanish on the defaults 6th birthday.

 

you always send a CCA request to whomever is chasing you [dca etc]

they have 14 working days to provide it.

 

if they don't - you fire off the failure to comply letter and stop any payments.

 

until/if they produce a cca, the account is in dispute.

 

don't forget statute barring.. 6yrs from your last financial in/out. debt is unenforceable in court.

 

if the agreement was signed prior to 2007, they will need a copy of the ORIGINAL signed agreement

[NOT A RECON]

to enable them to enforce the debt in a court.

 

dx

[PositivePenury]

Many thanks Dx.

 

The default was probably only in. 2012 (I can't see it on credit file to check that).

 

The agreement was almost certainly pre 2007 but not certain in this.

 

They are already out of time as regards compliance with CCA request so guess I will need to send non compliance letter.

 

Thanked again.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

if its not on your cra file

 

and ALL of you old addresses show

 

it must have been defaulted more than 6yrs ago

 

however it is wise to check credit expert or Experian

as well as say noddle or callcredit.

 

dx

[PositivePenury]

Thanks again. It's really strange that it doesn't appear on experian.

[dx100uk]

check noddle its free

 

dx

[PositivePenury]

This is really strange.

 

I've now checked noddle as well as experian and this credit card does not appear on either.

 

I've lived at the same address for well over a decade so I don't think it can be an address issue.

 

Also, it's not 6 years since I last made payment; it's a couple of years.

 

Any idea why/how it can be that it's not recorded?

 

Any significance to this?

 

Thanks.

[dx100uk]

it means it was defaulted more than 6yrs ago and has dropped off

cant return

 

sure you've not been cash cowed here?

 

post 2 refers upon what to do now

 

dx