credit card clearance

never-in-doubt

Bump..........

rog2

The 'cca request proceedure' is, indeed, a very useful tool for anyone who is experiencing problems with creditors or debt collection agencies and may be unsure of the validity of the original agreement, the current conditions being imposed against that agreement or the authority of the person trying to collect against that agreement.
It is the legal right, under the terms of the Consumer Credit Act, 1974, of any debtor to request a true copy of the original executed consumer credit agreement at any time and it is the legal obligation of the Creditor, or person trying to enforce the agreement, to provide the debtor with that 'true copy of the original executed consumer credit agreement' within 12 working days of receipt of the debtor's request and £1.00 Statutory Fee.
If the creditor does not provide the debtor with the required information within the legally prescribed time scale, then that creditor (or dca) is 'in default'. Whilst that creditor is in default, the agreement can not be enforced without the permission of the Courts. However, it should be remembered that the agreement can not be enforced whilst the creditor is 'in default' - if the creditor produces the required, compliant, documentation at any time in the future, then the agreement can be enforced, although the debtor is in a much stronger position to dictate how that agreement is enforced - this can be through making reduced payments, Full and Final settlement offers, etc...
If the Creditor provides the detor with a copy of the cca, then that copy must comply with the requirements of the Act, otherwise it can not be enforced without the permission of the Courts. In the case of a non-compliant cca, the Courts should judge the agreement to be 'irrideemably unenforceable'.
Many creditors, in their haste to agree loans or finance, do tend to ignore their obligations under the Act and many credit agreements are, in fact, 'non-compliant. I certainly have no sympathy for any creditor who ignores his obligations and finds that the agreement is 'unenforceable' and that he has, in effect, 'gifted' the money to the debtor - after all, the Act has been around since 1974 (35 years) so creditors have had plenty of time to 'get their act together'.
This is the basis on which many of the 'Write off your Debt' companies are trading. Unfortunately, it can not automatically be assumed that every consumer credit agreement is non compliant. Nor should it be implied that debts can be 'written off' - the only people allowed to actually write off debts are the Original Creditors. Debts can, otherwise, only become legally unenforceable.
The 'fees' charged by these 'Companies' are, to say the least, grossly inflated - it costs a debtor just £1.00 to request a copy of his credit agreement - and the Office of Fair Trading is keeping a watchful eye on the activities, and claims, of such companies.

For anyone wishing to go down the route of requesting their cca, they should be aware of the following points:

• A cca request is not, in itself, a way to 'write off your debts'
• A creditor may, indeed, be able to provide a compliant copy of the original cca, within the legally prescribed time scale, in which case the agreement will remain enforceable.
• Even outside of the timeframe, although the creditor may be 'in default' and can not enforce the agreement, he may be able to provide a compliant cca, in which case the creditor can then start enforcing the agreement again.
• Any 'cca' provided must be checked to ensure that it is compliant with the requirements of the Act.
• In the case of a non-compliant, or non existant, cca the debtor must be prepared to put his case, if necessary to the Courts, before the agreement is judged to be 'unenforceable'.

If anyone is contemplating asking for their credit agreement, for whatever reason, they should first look at the following National Debtline link, and send the template request letter, together with the £1.00 Statutory Fee, to the creditor, or person who is pursuing the debt:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Then they should also read the following thread, which is full of advice and the experiences of many of those who have gone down this route:

http://forums.moneysavingexpert.com/showthread.html?t=767025

But NEVER resort to using the 'services' of a company whose sole aim is to make money out of your debt.

never-in-doubt

rog2 wrote: »

But NEVER resort to using the 'services' of a company whose sole aim is to make money out of your debt.

Rog

Thanks for a brilliant addition to this thread. Sorry for the confusion, in my haste to upload templates etc I never actually outlined a step-by-step process so thanks for adding this......

Regards to the termanology, yes we know it is called unenforceability but to make the thread stand out to those asking the same question, daily, I worded the header in their language!

Thanks again for confirming that you should not use of of these companies; links about these scammers are noted on post 1 of this thread.

gomer

cheesedoffwithdebt wrote: »

Not just cynical but a little insensitive- I , until recently, had no idea how this all works.

So whilst all the phrases might be normal to you, some of us who are new on here do need help.

Before attacking the poster rather than the post it may be an idea to use the search function to get an idea of why such a large number of people who have been here a while now are perhaps a little cynical.

I don't think in fairness you can call someone you have never met insensitive based on a single post anymore than i can call you gullible for not knowing how it works. Nobody has at any point disputed whether or not you need help.

never-in-doubt

Just a little addition to make, assume the creditor has sold the debt to a DCA, the DCA cannot add a default against you unless they have followed the rules. This incorporates the joint agreement of assignment (usually all parties) and upon requesting your CCA, a notice of absolute assignment confirming the correct process was followed in the sale (assignment) of the debt should also be sent.

Therefore, to summarise if your debt was sold by the original creditor to a DCA, part of the CCA obligation is to send a copy of the Notice of Assignment. Failure to do so is also regarded as a default on their behalf, as it legally constitutes part of the original debt and is totally relevant.

Failure to supply the NOA would result in the DCA having to remove and default with the OC unable to add one because a default can only ever be added once for the same debt no matter how many times the debt may be sold. This is why after you win unenforceability, they usually remove any default from your CRA because in essense the agreement was not legal so there cannot be a default.

If you request the CCA from the OC, then there will be no NOA to supply.

JoseChungsDoomsday

this thread disgusts me.

Dont want credit card debt? Don't buy anything on your credit card

Edinburghlass_2

never-in-doubt wrote: »

Rog

Thanks for a brilliant addition to this thread. Sorry for the confusion, in my haste to upload templates etc I never actually outlined a step-by-step process so thanks for adding this......

Regards to the termanology, yes we know it is called unenforceability but to make the thread stand out to those asking the same question, daily, I worded the header in their language!

Thanks again for confirming that you should not use of of these companies; links about these scammers are noted on post 1 of this thread.

Interesting that one of your links leads to a company that pays referrals to just such companies.

Link to the company that pays referrals has now been removed it was not a banner, I'm well aware of the difference between an advertising banner and a company that offers referrals to people that put business there way.

never-in-doubt

JoseChungsDoomsday wrote: »

this thread disgusts me.

Dont want credit card debt? Don't buy anything on your credit card

ok..... like saying 'don't wanna die in a plane crash? Don't board a plane'

Abolutely no relevance whatsoever to the thread. So, lets assume you suddenly get made redundant and have no money, you have to feed your kids or pay your credit card who just froze your limit so its one or the other....

tell me honestly, what you gonna do?

My point precicely; people don't go out on purpose to rip off banks - its a legal !!!!-up by the banks and the consumer is now fighting for their rights.
:T

never-in-doubt

Edinburghlass wrote: »

Interesting that one of your links leads to a company that pays referrals to just such companies.

Advert that flashes up has now gone. Jees, I refer people to a link that mentions bogus companies and you guys just pay attention to silly banner that's embedded in web structure - I DID NOT LINK PEOPLE TO!

Get a grip, come on.

rog2

rog2 wrote: »

The 'cca request proceedure' is, indeed, a very useful tool for anyone who is experiencing problems with creditors or debt collection agencies and may be unsure of the validity of the original agreement, the current conditions being imposed against that agreement or the authority of the person trying to collect against that agreement.

In order to avoid any misunderstanding, I would like to add the following:

Whilst I fully reccomend that any debtor who is unsure about the status of any debt/agreement should, indeed, use every right that the Consumer Credit Act, 1974, affords him/her, and that that debtor has the right to use any 'breach' of the Act, by the Creditor or Debt Collection Agency, to determine that debtor's approach to the agreement, I do not condone the flippant use of the Act as a tool for the avoidance of legitimate debt.

That's all - thanks.