CCA request questions

[Deleted User]

I understand that the basis of this is that according to the Consumer Credit Act of 1974, the creditor must be able to provide a copy of the signed credit agreement otherwise the debt is invalid. Credit Cards opened after 2007 are not included because they come under the CCA of 2006.

A few questions:-

1. If I write to the company in question and they cant provide a CCA, are they really going to write off the debt?

2. What about credit cards that have changed companies since you opened the account? E.g. Morgan Stanley to Barclaycard.

3. Does the debt have to be from before 2007, or just when the card was opened? For instance, card opened, say, 2006, balance accrued from 2007 onwards.

4. What are the affects on your credit rating by trying this?

5. Is it really worth a punt?

Cyril

Hello there,

Just a couple of points, I think most people want confirmation of their debt formally either as confirmation that they did take out the card / finance particularly if it was taken out a long while ago and also because if they do owe the money and a CCA can't be provided, they are in a stronger position to barter repayments they can manage rather than have the creditor make unreasonable demands.

If the credit card has changed lender I think, but i'm sure someone more knowledgeable might correct me, that the original lender provides the CCA.

petrafyde

Interesting thoughts. I'll be looking back to see the replies If it gives extra swing when it comes to repayment haggling I'd be glad.

[Deleted User]

Cyril wrote: »

Hello there,

Just a couple of points, I think most people want confirmation of their debt formally either as confirmation that they did take out the card / finance particularly if it was taken out a long while ago and also because if they do owe the money and a CCA can't be provided, they are in a stronger position to barter repayments they can manage rather than have the creditor make unreasonable demands.

If the credit card has changed lender I think, but i'm sure someone more knowledgeable might correct me, that the original lender provides the CCA.

So are you saying this is only useful if its a debt, as suchm, which may have been handed over to a DCA.

Rather than just a credit card that you're using and paying minimum balance normally?

So its not a way of avoiding paying altogether then? ;-)

phil80

It is difficult to avid paying the debt. If it is wit a DCA you might have more of a chance if you send off a CCA request as they might not hold the relevant documents on their files.

phil80

phil80 wrote: »

It is difficult to avid paying the debt. If it is wit a DCA you might have more of a chance if you send off a CCA request as they might not hold the relevant documents on their files

The debt is not written off but it will become unenforceable by law until they can produce you with the relevant documentation. If they do not have this then they cannot legally enforce it in a court.