This debt will never appear on your credit report again. And asking for an agreement from the CCA is a very good idea of such an old debt. The consequence of an unenforceable agreement, which creates rights and obligations, is that the agreement functions as a completely normal agreement, except and until the implementation is reasonable. Performance is appropriate only when a party fails to comply with its obligations. Until that date, everything done by both parties to the agreement is valid. Neither party is voluntary and does not grant an advantage to the other without a party. This goes against an unde conclusioned agreement, in which nothing is done effectively. Money paid under a non-binding agreement is effectively paid in accordance with a legal obligation: it is not money paid for a non-existent or totally missed consideration, nor money paid on the basis of an error of fact or law. Unlike the situation in the case of unincluded contracts, this money is never recoverable from the paying party if the impracticability of the credit agreement is established. Hello Sara A big thank you for your advice here to apply for CCA`s for old credit card debts. I followed your advice in June and asked Morecroft re Arrow Global Guernsey for CAAs for my Virgin MBNA card and Wescot re Cabot Financial Europe for my RBS Mint card, both from before 2006. In a week, they told me that my request had been forwarded to their clients (Arrow and Cabot).
So far, no AACs have been produced and it is approaching 3 months away from my initial application. I intend to suspend payment via my Debt Management Plan (PayPlan) next month if nothing is produced by then. My question is: Should I write PayPlan to inform them of my reasons for not paying and expect them to pass on my reasons to Morecroft and Wescot, or should I write to all three organizations with my reasons? An idea of the wording of this email would be extremely useful. Thank you very much and keep it up! Andy Send it to the ombudsman. And tell FOS that you recently discovered that a credit card lender should have checked if credit is affordable, say when and how you discovered this. For you to complain, within 3 years of the finding, that you have a reason for complaint. Once a debt has been sold, it is less likely that the current creditor will be able to present the CCA agreement, which becomes all the more difficult as the debt is often resold. . .