CCA 12+2 days passed what do I do now?

beverley1296
beverley1296 Posts: 186 Forumite
in Debt-free wannabe
Been paying a debt from aqua card, it never seems to go down and doubled from the amount it started, anyway will take me 35 years to pay it at the rate I can afford, so decided to send in a £1 postal order and ask for CCA, I have given Lowell well over 2 weeks and they sent me a letter saying they have contacted Aqua for the agreement, I haven't received it as yet. what happens now? Do I send them another letter or wait until they find an agreement, the debt was taken out Oct 2004 and I defaulted in 2010.

Does anyone have a follow up template letter I could send please.

Thanks in advance.
«1

Comments

  • rizla_king
    rizla_king Posts: 2,895 Forumite
    You could send below or just wait and see.

    Dear Sir/Madam

    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

    On DATE I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the DATE

    You have failed to comply with my request, and as such you entered into default on DATE.

    The document that you are obliged to send me is a true copy of the executed agreement. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

    This time limit has expired.

    As you are no doubt aware sections 77/78 state:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled, while the default continues, to enforce the agreement.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

    I look forward to hearing from you in writing.

    Yours faithfully
    Still rolling rolling rolling...... :) <
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  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    They normally take more than the allowed time. They will need to get it from the original creditor.

    Chill for a bit and wait to see what they send.

    I wouldn't pay, that gives them an incentive to find it.

    If they respond with anything other than the CCA, like asking you to pay, send what Rizla suggests.

    Report back when they claim they have responded as if they don't have the signed original, no CCJ and they are somewhat stuffed.
    :beer:
  • beverley1296
    beverley1296 Posts: 186 Forumite
    edited 19 May 2014 at 1:16PM
    After 46 days they sent me a copy of the original Priority Application form, I have signed it and they posted it with some statements, plenty of £12 charges on them. So can they still pursue this through the court? Any advice on what I should do now?
  • sourcrates
    sourcrates Posts: 28,848 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 19 May 2014 at 2:05PM
    beverley1296 wrote: »
    After 46 days they sent me a copy of the original Priority Application form, I have signed it and they posted it with some statements, plenty of £12 charges on them. So can they still pursue this through the court? Any advice on what I should do now?



    Basically no, an application form is what it says, an application from, it is not a copy of your original agreement, a correct response from them with an account dating from 2004 would need to be a copy of your original signed agreement containing all the prescribed terms applicable to that account all within the same document, anything else does not comply with your CCA request, they have probably sent this because they cant locate the agreement and are trying to fob you off that this is ok, well it isn't and the account now is most likely unenforceable in court. !!


    Your response to this should be a letter stating the above, they now know they are stuffed, you could refuse to pay, or make an incredibly low offer to make it go away, as it stands they could not obtain a CCJ against you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Yep. They are stuffed.
    :beer:
  • Powered_By_Pies
    Powered_By_Pies Posts: 309 Forumite
    If the account was defaulted in 2010 that makes it around 4 years, I'll be brave and say Aqua probably haven't retained the CCA and have removed it from their system - or at best, placed a manual copy in storage until the 6 years most financial institutions keep these records has elapsed.

    If the DCA have only sent the application it's an almost sure-fire sign that they bought a debt book for a few pence in the pound and have lost/don't have/never received 100% of the documentation that was associated to the debts in the book. They've probably gotten away with it for so long with yourself as you've beenaking a conscious effort to pay.

    I'd be tempted to stop payment for a month or two, see how quickly they write then... Funny how when the boot's on the other foot they get in touch quicker than a rat up a drain pipe...
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Some 'application forms' did actually count as valid CCAs. Depends if the prescribed terms were on it or in a linked document.

    You can't just always say application form = invalid
    Still rolling rolling rolling...... :) <
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  • beverley1296
    beverley1296 Posts: 186 Forumite
    edited 28 May 2014 at 11:57AM
    I uploaded the form to photobucket, any thought on it please.

    http://s1265.photobucket.com/user/freememfromdebt/media/IMG_4040_zps2d40df1f.jpg.html?evt=email_share

    http://s1265.photobucket.com/user/freememfromdebt/media/IMG_4042_zps8ec7a417.jpg.html?sort=3&o=0

    I do not know if all the second page is genuine as I have not signed it, it may have been added. I did sign the priority form in 2004 and defaulted in 2010
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    If page 2 really belongs with page 1 then it could be valid. Hard to tell though.

    Go and ask people here with a higher res pic http://www.legalbeagles.info/forums/forum.php
    Still rolling rolling rolling...... :) <
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  • beverley1296
    beverley1296 Posts: 186 Forumite
    rizla_king wrote: »
    If page 2 really belongs with page 1 then it could be valid. Hard to tell though.

    Go and ask people here with a higher res pic http://www.legalbeagles.info/forums/forum.php

    unfortunately my eyesights not good and I have tried reading this but I cannot even the original is blurry.
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