Requested CCA,but no go

paddywack20

Before you read this, check my origianl post,so you know the full story.

http://forums.moneysavingexpert.com/showthread.html?p=14635941&highlight=charging+order#post14635941

Just an update guys.
Hearing has been set for 24 th november.
I requested a copy of my credit aggreement and account info from the solicitors that are trying to get the CO,i sent them the £1 fee,this is their reply.

Quote:
We can confirm that we have today requested a copy of the CCA that you entered into together with a statement of account and upon receipt of the same we will foward a copy to you.

Please be aware that a recent High Court Judgement held that once a credit agreement has been terminated the obligation to provide a copy agreement in accordance with the consumer credit act 1974 ceases to apply.
Therefore there is no penalty for our being unable to provide the copy credit agreement and,more particularly,the debt remains enforceable to you.

END QUOTE

They had 12 working days in which to supply the CCA,have still yet to recieve it.Was nearly a 4 weeks ago i requested it.

Is what they say correct?
And can i use the fact they cant supply the CCA,in my favour ,in court?

Thanks.

(ready for a fight)
Paddywack

RAS

Hi

Please give NDL a ring regarding this.

National Debtline: Full debt help service. Link: National Debtline Tel: 0808 808 4000

shinyhead

Hi PW,
I think they're trying on the Rankine case where this couple really tried it on. Take a look at this thread:

http://forums.moneysavingexpert.com/showthread.html?t=1276431

This is a bit of a twisted case and one of the things the judge declared was about terminated agreements. Creditors still have responsiblities under the CCA74 section 78.

Otherwise I agree with RAS and suggest you call NDL.

Sorry to sound negative but I'm not sure if non-production of a CCA would help when you've already admitted to it to a court. I'd be very interested to see how you get on.