what happens after the 12+2+30 day rule for a cca request?

jasonkurtsdad

???????

GeorgeUK

Nothing anymore - it is no longer a criminal offence for them to not produce a copy of the CCA after the 30 days. If they have not provided the CCA or one with all the prescribed terms, but are still chasing you for payment however, you should make complaints to Trading Standards and the Office of Fair Trading.

rog2

jasonkurtsdad wrote: »

???????

Okay, and further to the excellent, as ever, advice from George, after the 12+2 days have expired the creditor/dca is, themselves, 'in default' and can no longer enforce the agreement without first obtaining permission from the Courts.
In order to do this, then the creditor/dca will have to make a claim and the debtor will receive a 'summons'.
Included in the 'summons' will be a form on which that debtor is entitled to, and should, enter a defence. In the debtor's defence he/she should state that he/she requested a true copy of the original, executed, consumer credit agreement, which the claimant failed to provide within the legally prescribed time limits, as defined in the Consumer Credit Act.
This, then, means that the claimant must then provide the cca to the Courts, with a very good reason why he failed to meet his legal obligation to provide that cca to the claimant within 12 working days of receiving the defendant's request. The Courts usually take a very serious view of any claimant who has ignored his legal obligations and can 'judge' the agreement to be 'irrideemably unenforceable' - in which case the defendant has no legal responsibility towards that debt.
If the Court judges that the agreement can be enforced, then the defendant will have the opportunity to make an offer of payment at a rate at which the defendant can afford. Any resulting order of payment will be as binding on the claimant as it is on the defendant and any further attempts, by the claimant, to force the defendant to make higher, or immediate, payments will be illegal.

debtlady

I'm in the same position as the op. While all this has been going on I've made payments to the DCA as per the arrangement with the original creditor. Should I now stop sending money to the DCA? Thanks

GeorgeUK

If you requested a copy of the CCA and sent the £1 fee, after 12(+2) working days, the debt is not enforcable and you do not need to pay until either a court decides the agreement is enfocable or they produce a copy of a true executed credit agreement which has the required terms in it.

debtlady

Thanks George :T

rog2

GeorgeUK wrote: »

If you requested a copy of the CCA and sent the £1 fee, after 12(+2) working days, the debt is not enforcable and you do not need to pay until either a court decides the agreement is enfocable or they produce a copy of a true executed credit agreement which has the required terms in it.

Totally agree with George, debtlady. If they contact you again, simply tell them that they are in default of their obligations under the terms of the Consumer Credit Act, and that you will report any further contact, by them, as harrassment.
If they tell you that they will 'take you to court' - let them.

debtlady

And thanks Rog :T

susie93

I am at the same point as above the 12 plus 2 days past and then the 30 days past they only sent template default letter and a defaced scanned copy of cca (surely that cannot be classed as a true copy?) I am paying them at the moment by standing order should I stop or will that prejudice my case - I sent in a defence to the ccj form from the bulk centre.

GeorgeUK

Do you have a court date yet?
Just curious as the number of payments you need to make would sway whether i would continue paying or not.

There is also legislation that the copy of the CCA must be legible.

You may want to have a look at the consumeractiongroup forum and do a search on that - i can't remember what it is now. It may be best not to rock the boat, but as a court is now involved, may be better to not rock the boat. Not sure if it will act against you though - if you are currently paying, would a judge expect you to continue to pay?

There are quite a few cases listed on the CAG site so they may have a better take on the court aspect of it.

Yachts_2

I too have been waiting 30 days for the signed agreements from the Card Companys all prior to April 2007 they have ignored me, I am still paying I pay £56.00 pm on one card and they charge me £48 in Interest its a no win situation. I do not want to be taken to court either at my age, any ideas what to do next? I will contact Trading Standards about this, I beleieve it is my right to have this signed document, basically they do not have one.
Any help here, thanks