refused CCA?

Mimi_Arc_en_ciel

Hi

sent CCA request to Lowell RE: OH's debt and i recieved this reply:

"we refer to your request for a copy of the origional credit agreement in accordance with the provisions of the section 77 (1) and / or 78 (1) of the Consumer Credit Act 1974

This account from which the above amount is due relates to a bank account that you helf with barclays bank plc

While this account is regulated agreement i would refer you to Section 74 (b) of the consumer credit act 1974 whereby anu requirement to supply a copy of the agreement is excempt for current bank account

We would now request that you call to arrange re-payments of this debt by return"

Now the barclays debt is an outstanding over draft. He now banks with Natwest.

Is that letter right? do they not have to send a CCA?

Any ideas on how to stall them? (see previous posts - need a little more time to sort work out etc)

Mimi_Arc_en_ciel

mommyme wrote: »

Hi

sent CCA request to Lowell RE: OH's debt and i recieved this reply:

"we refer to your request for a copy of the origional credit agreement in accordance with the provisions of the section 77 (1) and / or 78 (1) of the Consumer Credit Act 1974

This account from which the above amount is due relates to a bank account that you helf with barclays bank plc

While this account is regulated agreement i would refer you to Section 74 (b) of the consumer credit act 1974 whereby anu requirement to supply a copy of the agreement is excempt for current bank account

We would now request that you call to arrange re-payments of this debt by return"

Now the barclays debt is an outstanding over draft. He now banks with Natwest.

Is that letter right? do they not have to send a CCA?

Any ideas on how to stall them? (see previous posts - need a little more time to sort work out etc)

does anybody know? please?

RAS

Hi

bank accounts are not covered by the Consumer Credit Act.

We need a bit more info

When was this account opened? When did he last pay towards the debt?

has he got any late charges etc to reclaim?

davek1

whilst current accounts/overdrafts are exempt (in general) from the CCA the DCA still has to prove the debt is owed. How old is this debt? When was anythign last paid towards it?

Dave

Mimi_Arc_en_ciel

davek1 wrote: »

whilst current accounts/overdrafts are exempt (in general) from the CCA the DCA still has to prove the debt is owed. How old is this debt? When was anythign last paid towards it?

Dave

Sorry for delayed reply.

OH got the over draft about 2 and a half years ago and last payment was made around dec 2006 although not too sure about the date - was near xmas he said

RAS

So the account is not statute barred, then.

RAS

Hi

Looked at your previous thread and I think that Lowell have decided that you have nearly £700 per month to pay debts and they are only getting £42, so they want more.

If you were using CCCS or Payplan, they might eventually play ball, as they know their rules but as you are going it alone and do not understand some of the rules re debt, they are going to bully you.

Also if you did a DMP via CCCS or payplan, your allowance would be much higher and your residual income for debt payment would be a lot lower.

Mimi_Arc_en_ciel

RAS wrote: »

Hi

Looked at your previous thread and I think that Lowell have decided that you have nearly £700 per month to pay debts and they are only getting £42, so they want more.

If you were using CCCS or Payplan, they might eventually play ball, as they know their rules but as you are going it alone and do not understand some of the rules re debt, they are going to bully you.

Also if you did a DMP via CCCS or payplan, your allowance would be much higher and your residual income for debt payment would be a lot lower.

they arent actually getting anything at the moment - if you check the thread that was the plan for when i start my job - which i havent started yet,m waiting on the start date. Was trying to stall Lowell so that i got my date through then was sending that letter to say that is what everyone is getting. ATM we are living from OH's bills and based on just his wages, CCCS will not help us so ive found a job, been offered the job, now just waiting on start date. We're contact CCCS but they can only help once ive started my role. so were in a grey area at the moment. Going to send off the "please accept XX as a token payment" letters when OH gets paid but really can not do anything until my work kicks its butt in gear