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CCA request help!!!
honeychunky
Posts: 29 Forumite
Hi there, I've been searching the forum trying to find an answer to my question, but I feel like I'm looking for a needle in a haystack so I'm hoping someone can help!
My question is this.....
When you have made a cca request and the 12+2+30 have passed and the creditor produces an agreement after this time, what do you do?
My first concern is that this agreement is actually an application form. It says at the top of the page " Credit Agreement Regulated by the Consumer Credit Act 1974" but it is asking for information such as DOB, previous addresses, employent and income details etc... which have been filled out by hand. It does contain a signature of the customer(with date) and a signature of someone on behalf of the lender. It also asks for details of any balance transfers you wish to make.
Is there any way to check wether this is an application form or a genuine, properly executed agreement?
The creditor in question, Barclaycard, are not the original lender. The orignal lender was Morgan Stanley, but they were taken over by Goldfish and in turn taken over by Barclaycard.
I don't know what action to take now, obviously I know they have defaulted by not repsonding in 12+2 days, but the fact they they have produced this document after the 30 days is what has stumped me!!!
I am hoping one of you knowledgable peeps out there can help or at least point me in the right direction!!!
Thanks xxx
My question is this.....
When you have made a cca request and the 12+2+30 have passed and the creditor produces an agreement after this time, what do you do?
My first concern is that this agreement is actually an application form. It says at the top of the page " Credit Agreement Regulated by the Consumer Credit Act 1974" but it is asking for information such as DOB, previous addresses, employent and income details etc... which have been filled out by hand. It does contain a signature of the customer(with date) and a signature of someone on behalf of the lender. It also asks for details of any balance transfers you wish to make.
Is there any way to check wether this is an application form or a genuine, properly executed agreement?
The creditor in question, Barclaycard, are not the original lender. The orignal lender was Morgan Stanley, but they were taken over by Goldfish and in turn taken over by Barclaycard.
I don't know what action to take now, obviously I know they have defaulted by not repsonding in 12+2 days, but the fact they they have produced this document after the 30 days is what has stumped me!!!
I am hoping one of you knowledgable peeps out there can help or at least point me in the right direction!!!
Thanks xxx
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Comments
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The law is VERY CLEAR on this.honeychunky wrote: »obviously I know they have defaulted by not repsonding in 12+2 days
They have 12 days to supply the agreement, after this time they enter default, you're under NO legal obligation to pay them, if they wish to pursue the debt, they MUST seek permission from the court, and explain why it took longer than 12 days to produce the document.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Even more valid, unless this document meets the legal requirements, they cannot pursue the debt and the OFT has just placed additional complaince requirements on a DCA for doing this.
Can you scan the document? Minus personal details.If you've have not made a mistake, you've made nothing0 -
What they have sent you does not sound like the true copy of the original executed cca, which you are legally entitled to receive and which they are legally obliged to provide within 12 working days of receipt of your request - it sounds more like an application form.
You have, I understand, already sent the 12+2 day letter - if not send it right now - a copy of which can be found on post 6 of the following thread -
http://forums.moneysavingexpert.com/showthread.html?t=963087
You don't need to worry about the '+30 days' anymore, as the Consumer Credit Act was amended last year and it is, unfortunately, no longer a criminal offence not to have provided the cca within this period.
Even if (Big if) what they have sent you is a compliant copy of the cca, then they need to seek permission from the Court to enforce the agreement.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Even if (Big if) what they have sent you is a compliant copy of the cca, then they need to seek permission from the Court to enforce the agreement.
Even if supplied past the 12+2 days, if the agreement is valid then they don't need the permission of the court to enforce.
But to the OP, post up a copy and we shall see.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Even if supplied past the 12+2 days, if the agreement is valid then they don't need the permission of the court to enforce.
Agreed, fermi, although this could be considered debatable.
Please could you, fermi, post up the cca requirements as I've lost my 'link' for the moment - thanks.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Please could you, fermi, post up the cca requirements as I've lost my 'link' for the moment - thanks.
Do you mean the prescribed terms?
If so then to be enforceable through the courts there must be for a credit card:
• A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.
• A term stating the rate of any interest on the credit to be provided under the agreement and:
• 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.
Absence of any of those, or an unsigned original, render a pre April 2007 agreement unenforceable even through the courts.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Agreed, fermi, although this could be considered debatable.
People who know a lot more than me about the legal side assure me it is not. But there we go.......
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Thanks for all your help guys! And thanks for pointing out that the +30 days no longer applies, I had no idea the law had been changed! Out of interest when was this changed? Does this still apply if you made your cca request before the change? I mean has a criminal offence been committed if they failed to respond after 30 days prior to the law change?
I will attempt to scan the documents and post up a copy, I don't know if you'll be able to read it the though, the "small print" is pretty small!
Once again, thanks xxx0 -
honeychunky wrote: »Out of interest when was this changed?
About a year ago I think.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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