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Consumer credit act question
PaulS43
Posts: 73 Forumite
Sorry for a daft question for those who know but can someone clarify for me....
As an example, say I owe a bank £1,000 and they are adding interest @ £25 a month, and I am struggling to pay off £25 a month (but managing to do so, so the outstanding balance is about the same all the time and has been for say the last 6 months).
On 2nd Feb (an ordinary Monday), I put in a request with my £1 for a copy of the original agreement under the auspices of CCA 1974 S77/78/79.
What happens if:
A The creditor doesn't answer within the 12 days as per the legislation (and can someone clarify is that 12 days or 12 working days)? So we'veve reached and past Friday 13th (or Weds 18th dependent on the sub question)...
Can the bank still charge me £25 in interest this month? Or is that not allowed to be added back to the debt?
B The creditor goes beyond 30 days (or is that 42 days) (and is that 30 days from 2 February (to the 4th March), 30 working days (to 16th March) 42 days (which is also 16 March) or 42 working days (which would take is to 2nd April)?
Again is is at this point they can't charge me any interest?
If the creditor fails to meet the 12 / 30 / 42 day limit, is the loan effectively cancelled and the debt wiped out?
What would happen if, for argument's sake, a copy of the original credit agreement were then to turn up on say 1st June (4 months later).
Would the whole debt be cancelled and written off? And or just the interest? Or if the agreement had become unenforceable until that point, would it then become reinfoceable as if their failure to furnish the info hadn't mattered?
And if so, what is the point of the legislation anyway?
thanks people
As an example, say I owe a bank £1,000 and they are adding interest @ £25 a month, and I am struggling to pay off £25 a month (but managing to do so, so the outstanding balance is about the same all the time and has been for say the last 6 months).
On 2nd Feb (an ordinary Monday), I put in a request with my £1 for a copy of the original agreement under the auspices of CCA 1974 S77/78/79.
What happens if:
A The creditor doesn't answer within the 12 days as per the legislation (and can someone clarify is that 12 days or 12 working days)? So we'veve reached and past Friday 13th (or Weds 18th dependent on the sub question)...
Can the bank still charge me £25 in interest this month? Or is that not allowed to be added back to the debt?
B The creditor goes beyond 30 days (or is that 42 days) (and is that 30 days from 2 February (to the 4th March), 30 working days (to 16th March) 42 days (which is also 16 March) or 42 working days (which would take is to 2nd April)?
Again is is at this point they can't charge me any interest?
If the creditor fails to meet the 12 / 30 / 42 day limit, is the loan effectively cancelled and the debt wiped out?
What would happen if, for argument's sake, a copy of the original credit agreement were then to turn up on say 1st June (4 months later).
Would the whole debt be cancelled and written off? And or just the interest? Or if the agreement had become unenforceable until that point, would it then become reinfoceable as if their failure to furnish the info hadn't mattered?
And if so, what is the point of the legislation anyway?
thanks people
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