1ST Credit.... 7 months later. PLEASE help

slimone

7 Months ago I requested a CCA from them. In writing - I gave them the usual 12 days (+2).

It has taken them 7 months to send the information to me.

Am I still liable or have they messed up?? Any advice gratefully received. This is my last bad credit people!!

fermi

Is the CCA enforceable?

If it is, they are still entitled to enforce it. The law is daft, but that is the way it is.

If it isn't, they can get lost.

slimone

How can I tell it's enforceable??

10past6

slimone wrote: »

How can I tell it's enforceable??

Can you post it up, removing your details?

OHNOANOTHERDFW

hi, whats the point of saying 12 +2, if they can reply 7 months later and its ok?

if its a rubbish one, and they send it back after 7 months or 7 days, its unenforceable

if its a good one, and they send it back after 7 days or 7 months its enforceablke???

slimone

10past6 wrote: »

Can you post it up, removing your details?

I dont have a scanner - I can write it up though. Sure you don't need the exact layout?? Just the exact words will do?

fermi

Should help if you can't scan.....................

IS MY AGREEMENT ENFORCEABLE (Via section 127(3) CCA1974).

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from schedule.6 (1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these:

A Amount of credit

A term stating the amount of credit

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

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Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and 4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Amendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

rog2

OHNOANOTHERDFW wrote: »

hi, whats the point of saying 12 +2, if they can reply 7 months later and its ok?

if its a rubbish one, and they send it back after 7 months or 7 days, its unenforceable

if its a good one, and they send it back after 7 days or 7 months its enforceablke???

The agreement becomes unenforceable without the permission of the Court if the creditor/dca does not provide a true, and compliant, copy of the original executed consumer credit agreement within 12 working days of receipt of a cca request.

It may well be that a creditor/dca magically comes up with a cca after this period - if the cca is compliant (some are, many are not) then the next course of action is up to the 'debtor'. If the creditor/dca decides to take Court Action, then the 'debtor', in his defence, needs to inform the Court that he/she requested a cca, but the claimant did not supply one in the legally prescribed time period, as laid down in the Consumer Credit Act, 1974. The claimant will have to convince the Court that he had a pretty good reason for ignoring his legal obligations.

SolicitorMidlands

should the debts be paid off anyway though? otherwise they will remain on your credit report?

rog2

SolicitorMidlands wrote: »

should the debts be paid off anyway though? otherwise they will remain on your credit report?

This opens up a whole debate, and one that is often aired on this forum. The whole point about the cca request proceedure, in my opinion, is that it puts the 'debtor' in the driving seat. It is not a 'magic tool' for debt avoidance, as many of the private debt advice companies would have us believe.
Rather, the validity, or otherwise, of a 'debt', and the right of the dca to pursue that 'debt' can be established. If the creditor/dca provides a true copy of the executed cca, within the 12 working day period, then the 'debtor' should, quite rightly, deal with that 'debt', whether by payment in full, by instalments or a 'Full and Final Settlement Offer'.
If, on the other hand, the Original Creditor, or dca, can not supply the cca, then it is only right and proper that the 'debtor' decides how he/she deals with that 'debt' - and one of that debtor's options is to not pay it. After all, the Act has been around for over 30 years - certainly long enough for creditors to comply with its terms. I would, certainly, have little sympathy for a creditor/dca who is told that the agreement is unenforceable because the cca is either non-existant or non-compliant.
Once a creditor or dca is in default they should remove all defaults from the crf of the 'alleged debtor' and are not allowed to enter any further defaults whilst they are in default.

slimone

Or they have provided is a photocopy of my skycard application form.

On this form is my name and address

Full first name boxes that I have filled in - no surname.
Employment status tick boxes
Date of Birth (boxes for me to fill in)
Nationality (Again, boxes I have filled in)
Tick box asking if I have bank account
Annual household boxes that I filled in
Home number I filled in
work
mobile number also filled in by me.

Small print about credit agreement - regulated by CCA 1974

Information about Skypoints
Important information about how Barclays and Sky deal with my info.
Credit agreement signed by me - not printed
Date of signature

And that is it.

There is nothing about what the CCA is for other than a heading saying "skycard application form"
There is no mention of credit limits, repayments, interest rates.

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Does this mean it's not enforceable??