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Can anyone please explain CCA's to me?
miss_bexy
Posts: 37 Forumite
OH is about to enter into a DMP with CCCS, commencing in July, so we are just waiting for things to "kick off" so to speak. Have changed our phone number though, so we know no one can hassle us by phone.
Think we have done everything right so far, but I keep reading about people requesting CCA's and wondered if this was something he should be doing?
I know it stands for Consumer Credit Agreement but don't know the reasons people request them.
I know I prob sound a bit daft but am really trying to help him get sorted and get our finances in a better way, and so will do all I can. If this is likely to help us, I'll get onto it.
Thanks guys x
Think we have done everything right so far, but I keep reading about people requesting CCA's and wondered if this was something he should be doing?
I know it stands for Consumer Credit Agreement but don't know the reasons people request them.
I know I prob sound a bit daft but am really trying to help him get sorted and get our finances in a better way, and so will do all I can. If this is likely to help us, I'll get onto it.
Thanks guys x
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Just bumping
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Short version: For a debt that is governed by the Consumer Credit Act to be enforcable, it is required that the agreement exists. If there is no agreement (some catalogues do not get the paperwork), then the debt is unenforcable and you may not need to pay.
If the agreement was taken out before 6th April 2007, then the agreement must have certain terms on it to be enforcable. Agreements taken out after this date will be enforcable at the discretion of a judge.
If the agreement is not enforcable, then they cannot enforce any part of the agreement - including charges, interest and also collection of money.
Even though they may not have an enforcable agreement however, many creditors issue a default if you stop paying even though they are not supposed to if they don't have an enforcable agreement.
Here are a few other links that may give you a better idea of what it's about. You can make a CCA request but you will not get a proper copy of the agreement - probably a reproduction. If you were to reclaim unfair charges, you could issue a subject access request to get a list of all transactions as well as documentation including the CCA. This would allow you to see exactly what they have and if it is properly signed with all the required terms.
It can get complicated
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110
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