What constitutes a "true copy" of a cca?

susie93

Hi there,

By the way thank you George for your input on the letters. What does constitute a true copy. I requested my file from Creditor under "Freedom of Information Act" which they chose to call "Data Protection Act" (is there a difference apart from the time they have to let you have the info?) The only copy of any cca in there is one covered in post its and scribbled on. Is this a "true copy" as to me it looks like a scanned in copy from the year I took out the card. Also I have been paying them under an agreement with Payplan and filled in a review card which they have totally ignored and just sent the whole lot to DCA. I do know (and have a letter from the probs with the loan) that the Creditors do not keep copies of Default Notices that they issue. I have not ignored the creditors at any time. Also looking at the file it looks like that in order to give me a loan or up my limit on the card they fiddled it so that the "computer doesn't say no" as according to the file I have FIFTY dependants!!! I know im fertile but.................!!!! When they gave me the card they knew I wasn't in employment as I am a carer for my autistic son and it is down on the file that I was not in employment. Any clues or comments on above? I'm feeling very alone with all this as you cannot get a solicitor for debt probs.

poorandindenial

Hi Suzie

They did you a favour by making the disclosure under the DPA as responses under FOI have to be published (as in to the public) and I am pretty sure that the FOI Act only applies to public bodies (and maybe some bodies carrying out services on behalf of public bodies) so private credit providers would have no duty to disclose, however they do have a duty under the DPA.

I'll post a link to the things that must be on a true copy (is your signature on the one they sent you - I am sure they can send a scan or photocopy as long as it is a copy of the actual doc you signed)

EDIT: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/agreements/

RAS

Susie

Here is weller711's post on this.

But if you feel a bit owerwhemed by it allplease give NDL a ring with your paperwork to ahnd and they will talk you though it all.

National Debtline - Website: National Debtline Telephone: 0808 808 4000


hi

A true executed CCA has to have the following information in it:

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
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.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

---

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

poorandindenial

In addition to my posts above, you can get free help for debt problems from any of these orgs: http://www.moneysavingexpert.com/loans/debt-help-plan#help although they won't help you place your account into dispute they will help you to sort out your debt problems. The www.nationaldebtline.co.uk website has resources (letters factsheets etc) to help you in all sorts of situations and if you can't get the Consumer Credit Act (CCA) answer you need here you could try the www.consumeractiongroup.co.uk website.

There are a few threads devoted to the issue of requesting agreements made under the CCA and you may do well to run a search on this forum using the words 'cca' and 'request'

Sorry I am not any more help.

EDIT: shouldn't be in charge of a laptop with brain as mushy as mine is today. I just saw you are with Payplan already (so ignore my not so helpful advice about free debt advice agencies) AND that I had cross posted with RAS who was being infinitely more helpful.

RAS

PID

I always think that on DFW it is better if two people post up similiar information. That way new OPs have a bit more faith that what they are being told is half way correct rather than the figment of one poster's misunderstanding.

So I often post a message of support or repeat the message.

GeorgeUK

Hi susie (you're welcome ).

I agree with all the above. check that the CCA you have been given has all the rerms required as posted above, that it has your signature and that it is a "legible copy".

susie93

Hi George,

I wouldn't call it legible as its scanned in small and the postit is partly over the second page - you cannot read the writing. The DCA were determined to get this debt from the creditor as the judge adjourned the loan case as he could not understand why they would accept a payplan for one and not the other so before we went back to court they had got the credit card debt as well. The creditors letter said it would be going to the DCA but it had already gone two weeks before. Again many thanks I am so glad I have found supportive people on this forum - thank you everyone I might sleep a little better tonight. Susie xx