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CCA Requests - can somebody explain please?

I have been reading on here for a while and keep seeing people mention CCA's. I wondered if this would benefit me as I am currently paying off 2 catalogue debts through debt collection agencies.

Couls somebody explain what the CCA requests are about?!

Many thanks.

Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    I posted some details in this thread for CCA requests.
    There is also a link to another catalogue debt in there that may be worth looking at.
    Have you checked your credit report to see if there is a default on it for these debts?
    http://forums.moneysavingexpert.com/showthread.html?p=13953681#post13953681
    After 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) 11/08/2011
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    amylou8 wrote: »
    I have been reading on here for a while and keep seeing people mention CCA's. I wondered if this would benefit me as I am currently paying off 2 catalogue debts through debt collection agencies.

    Couls somebody explain what the CCA requests are about?!

    Many thanks.

    Okay the bottom line is that in order for a company to give somebody credit, they need to follow the correct procedure, which includes providing a Consumer Credit Agreement with terms and conditions. Did your two Catalogue Companies do this?

    If you are unsure you can write asking them if they have a copy. (I have a template if you need one). If they can't provide one you would be in your right to withold payment. If they then take you to court (which is extremely unlikely) then under the Consumer Credit Act the judge would not be able to make a judgment, assuming the debt relates to an account earlier than April 2007.

    Stebiz
    Ask me no questions, and I'll tell you no lies
  • stebiz wrote: »
    Okay the bottom line is that in order for a company to give somebody credit, they need to follow the correct procedure, which includes providing a Consumer Credit Agreement with terms and conditions. Did your two Catalogue Companies do this?

    If you are unsure you can write asking them if they have a copy. (I have a template if you need one). If they can't provide one you would be in your right to withold payment. If they then take you to court (which is extremely unlikely) then under the Consumer Credit Act the judge would not be able to make a judgment, assuming the debt relates to an account earlier than April 2007.

    Stebiz
    hi stebiz

    i'm the same as Amylou with credit card debts before 2007.

    Can they adversly affect your credit score in any way if they write them off?

    Also, would it be possible to have a template?

    Thanks

    Tony
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    The link i put in above has a link to a template.

    The debt will not be written off - it will be unenforcable. With regards your credit score, it depends on the company that is dealing with it. There are basically 3 letters.
    The original request - where they have 12+2 working days to respond with a copy of the CCA
    The 12+2 day letter - if they have not provided a copy of the CCA, you inform them they are unable to make a default against you as the debt is officially unenforcable and that you are notifying them under the Data Protection Act that you are denying the authority to pass you personal details to any 3rd party. (Credit reference agencies).
    This should mean they will not put a default against the debt but as many do not know what the law is, some just do their own thing. If a default is issued on your credit file either rightly or wrongly - while it is there it will have an impact on your credit score.
    Then there is the 12+2+30 day letter - You tell them again what your rights are and their legal obligations, and that any defaults they have issued should be removed as they are unlawful and that if they do not do so and stop pursuing you for the debt, you will contact the regulatory bodies.
    After 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) 11/08/2011
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Tonylpool wrote: »
    hi stebiz

    i'm the same as Amylou with credit card debts before 2007.

    Can they adversly affect your credit score in any way if they write them off?

    Also, would it be possible to have a template?

    Thanks

    Tony

    Hi Tony,

    A bit late on my answer but to be honest I couldn't have put it better than GeorgeUK. Cheers George.

    Stebiz
    Ask me no questions, and I'll tell you no lies
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