Cca Requests

jobo_61

Hi all,
can some one please advise what excactly a CCA request is. I have heard you can ask your credit card company to produce one and if they can not you have a chance of getting your debt wiped is this true

GeorgeUK

Not exactly

You can request to see a copy of your credit agreement. If they do not provide it with in 12(+2) working days, then the debt is unenforcable. Overdrafts do not require a credit agreement so you could not request one for this, but creditcards and loans you could.

Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486

jobo_61

Thank you so much GeorgeUK
this has helped alot, but I have 1 more question. The template letter is this the first port of call, do I send this first or can I simply call them up and request this over the phone. also can I try this for exsisting debts which I am still paying for not through a DCA but through barcalys bank.

Thank you once again

GeorgeUK

By sending the £1 with the letter (by recorded delivery and WITHOUT your signature), it forces them to comply with the Consumer Credit Act 1974 and they are legally obliged to provide the CCA. If no £1 payment is sent, then they are not required to provide the CCA.

You have a legal right apply for a CCA from anyone at any time, as long as there is a credit agreement for that debt (overdrafts don't have a written agreement so are not covered by the CCA74). So yes, you can request this from barclays. It is often found that the original creditor will have kept the paperwork, but even then it may not have all the prescribed terms required to make it enforcable.

jobo_61

Last question promise
what happens if everyting is in order with the CCA do I just carry on paying as normal. I was reading the links you advised it mentioned about court orders can this mean a ccj for my selfe if everything is in order.

GeorgeUK

If everything is in order, then you should continue paying the debt. If you are unable to do so you may be able to come to an arrangement that will allow you to repay at a reduced rate (a self managed debt management plan).

There is a large post somewhere with updates from CCA requests (started by stapeley). You may want to search on that for more details.