Cca Request

steamroller · 15 November 2007 at 7:35PM

Hi everyone, Love the site but this is my first post so please be gentle with me. Can anyone offer any help or advice on this issue:

After having a credit card for many years the Company contacted me and offered to convert it to a loan and reduce the bal. by approx. 1000Gbp'sre. This seemed like a good idea at the time. After paying this for aprox. 7 years I ran into financial difficulties and could not afford the repayments, it therefore got into arrears and was passed onto Weightmans, who said that they wanted a charge over my property or to start bankruptcy proceedings against me. I started paying them a reduced rate (but did not agree to the charge over my property).

After looking into the outstanding amount I realised that the balance was actually higher than what I had originally borrowed 7 years previously. Alarm bells started to ring, I thought this couldn't be correct so I requested a CCA (rightly or wrongly). I posted the request on 17.10.07 (recorded dely) and have heard nothing since.

Obviously I am struggling financially and also had a problem with Barclaycard, I wrote to them asking for help and offering to make reduced payments but was then contacted by Mercers. I originally made them the same offer but as no correspondence was entered into I requested a CCA from Mercers as well, also on 17.10.07, also by recorded delivery. Barclaycard then wrote to me on 6.11.07 and sent a photocopy of what they claim to be the CCA, which is the application form showing my name, d.o.b., income, telephone no's, my signature and the date.

Does anyone know if what they have sent is actually a true CCA? and also does anyone have any advice on what I should do now and why they originally wouldn't correspond?

I would be grateful for any help or advice sorry for babbling on so much

Anastacia · 15 November 2007 at 8:37PM

Sorry, I dont know but I am just bumping this up the thread until someone knowledgable appears.

RAS · 15 November 2007 at 8:49PM

Here is weller711's post on this.

hi

A true executed CCA has to have the following information in it:

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

Where the dealer is the supplier and the creditor is the one providing the finance.
The money can only be used for the purpose it is given.
There is no interest on the purchase (the cash price is the same as the total price)
And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

So I would guess that if it is an application form, then it wont state the credit limit, therefore not enforceable.

Cca Request

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