Really basic CCA questions

OHNOANOTHERDFW

Hello, I try to read the forum but sometimes its hard to keep up and review the long threads so please forgive me if this is already posted on here

Q1 - am i right in thinking Overdrafts on Current Accounts are not covered by CCAs - so I shouldnt waste my time

Q2 -what date did the account have to be opened by to be covered

Q3 - please can I have a link to the best letter to send.

Q4 - am i right in thinking it best to send by recorded deliver and not to sign?

Thank you all

fermi

OHNOANOTHERDFW wrote: »

Hello, I try to read the forum but sometimes its hard to keep up and review the long threads so please forgive me if this is already posted on here

Q1 - am i right in thinking Overdrafts on Current Accounts are not covered by CCAs - so I shouldnt waste my time

Covered technically, but with an exemption from the OFT so that effectively they do not need an agreement that you can request.

Q2 -what date did the account have to be opened by to be covered

Accounts opened before 6th April 2007 must have a signed agreement with the correct terms on it to be enforceable in court.

Agreements after that are still covered, but the decision is at the courts discretion.

Q3 - please can I have a link to the best letter to send.

Link: CCA request - Getting a copy of your credit agreement and account details.

Q4 - am i right in thinking it best to send by recorded deliver and not to sign?

Yes.

Thank you all

Hope that helps.

RAS

It is cheaper to send it registered post however, still needs to be signed for but costs a quarter as much.

10past6

Why not request a "Proof of Posting Certificate" you only need a 1st class stamp

OHNOANOTHERDFW

thanks all, can I probe on Question 1.....if the account was opened on say feb 08, would it be worth asking for a CCA, and are the creditors still obliged to respond with the signed agreement, or can they just ignore

Merlinexcalibur

Q1 - am i right in thinking Overdrafts on Current Accounts are not covered by CCAs - so I shouldnt waste my time

Covered technically, but with an exemption from the OFT so that effectively they do not need an agreement that you can request.

Q2 -what date did the account have to be opened by to be covered

Accounts opened before 6th April 2007 must have a signed agreement with the correct terms on it to be enforceable in court.

Agreements after that are still covered, but the decision is at the courts discretion.

OHNOANOTHERDFW

hi, thanks merlin for copying the asnwers above, but if itsat the courts discretion - does that mean you take them to court, or you refuse to pay, they add on loads of charges - go for a CCJ or something, and then you defend on the basis that its not enforceable???

of course that assumes that there must be a reply from the creditor with a copy of the CCA otherwise you wouldnt be able to defend?

sorry if I am missing something

Cheers

GeorgeUK

If you send a CCA, they do not need to supply a copy of the original agreement. They do not need to supply any signature on any copy they send.

You could try sending a subject access request (cost £10) so that under the Data Protection Act they do need to provide a copy of the original agreement, complete with signatures. There is a pretty good chance that the original creditor will still have a copy of this though.