No CCA - pls explain

Wilmot1428

Hi
I hope someone can please explain this to me

I am on a DMP with Payplan paying 150 a month at the moment
There are 2 debts which are for catalogue companies and reading on other posts I am wondering whether I may be able to offer a F&F on these which I may be ablet o persuade them to accept as there is no CCA in place

Am i right or am I being blonde ??

RAS

Hi

I would be inclined to do a CCA on debts obtained before 2007 anyway as that way you know the score if they start to kick up rough.

However, you may need to discuss F&fs with CCCS before you get into that.

Wilmot1428

Hi RAS

Sorry I'm satill confused - could you please explain what the CCA is and how i might be able to use it ?

Thanks

GeorgeUK

You can definately offer a F&F payment. Whether or not they accept is a different matter. Have you requested a copy of the CCA before?

Just make sure you do this in writing rather than over the phone.

Edit: The CCA is the credit agreement. If there was not one signed then the agreement is not enforcable. If the agreement was made before April 2007, then even if the agreement is signed, it must contain certain terms for it to be enforcable.

Wilmot1428

Thanks for that info GeorgeUK
so how do i go on with these accounts if i have already been paying them through my DMP ? One was Next Directory and the other Littlewoods catalogue
I have never asked for a copy of the CCA before but both accounts have gone to DCA so where do i stand with that ?

10past6

Wilmot1428 wrote: »

I have never asked for a copy of the CCA before but both accounts have gone to DCA so where do i stand with that ?

Send the following letter to the DCA, in the meantime continue to pay via your DMP arrangment

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

PRINT ONLY - DON'T SIGN

Wilmot1428

will get on to it straight away - thanks