Bride of Destruction's CCA query

RAS

Sorry about this but I'm new to this site and have absolutely no idea how to start a new thread.

I'm currently getting harassed over £1224.10 from Equidebt for a Halifax credit card I took out in 04. The credit limit was £750 and I'm slightly !!!!ed off (understatement of the year) that they have slapped on almost 5 hundred quids worth of charges. Anyways... 24th May this year (when the debt was being handled by Moorcroft - those slimy b*stards - I sent a CCA request.

I heard ABSOLUTELY NOTHING until September 2nd when Equidebt sent me a demand. I sent the same letter to both companies pointing out that Moorcroft had gone over the 42 days for the CCA request and it seemed slightly illegal that they had passed the debt onto Equidebt knowing it was over the prescribed 42 days. This was sent on the 4th.

The result? Equidebt wrote to me and told me the account was on hold until they could get a copy of the CCA. This was Sept 10th.

So today (Oct 20th), I finally get the supposed CCA and a request for the full amount to be paid. It doesn't have a lot of detail on it to be honest. Even the ****s at Equidebt admit that they need more info - it just shows my address DOB signature and the date it was signed. No sign of credit limit, interest/ penalty rates etc.

On the phone they tell me that the 42 days means pretty much nothing (he was a big fan of the word 'regardless') and I have to pay them the entire amount back. They weren't willing at all to negotiate the amount owing and told us to contact Halifax directly. No chance, because my experience so far with Halifax is that they are a bunch of soulless mutants who exist solely on abusing and ignoring their customers (needless to say I don't bank with them anymore...)

My local citizens advice bureau is not available. Where the hell do I stand?

Any advice from anyone? Please!

RAS

Hi

Here is weller711's post on this. if the document does not meet these requirements then they cannot enforce the case in law and the debt is efffctively in dispute until they can do so, so you do not have to pay.

But if you feel a bit owerwhemed by it all please 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.

The person who has not made a mistake, has made nothing