CCA request help!!!

honeychunky

Sorry, I'm a bit inexperienced in posting, how do I post a copy of the documents on here???

fermi

honeychunky wrote: »

Sorry, I'm a bit inexperienced in posting, how do I post a copy of the documents on here???

You need to scan them in as an image.

Instructions on posting those are here:

---

> Images

Please make sure that you blank out anything that may identify you. Personal details, signature, barcodes, etc......

honeychunky

Ok here goes...

shellsy

Sorry to intrude on this thread - but do cca apply to loans (RBS) and overdrafts (with alliance and leicester). Both go back to 1998/1999 and are handled by DCA's . One DCA has purchased the debt from Alliance and the other I am not sure .

My father recently passed away and I am trying to sort out the many debts; the DCA who purchased Alliance and Leics says that the debt is joint and therefore mum is liable to pay, so before I realised it could be an overdraft I verbally requested a copy of the agreement, so that we were clear what it was she was responsible for .

If CCA does not apply, is the DCA obliged to provide proof of her joint responsibilty ?

many thanks

fermi

That is not a valid agreement.

Address

Date

Dear sir/madam

Thank you for your response to my request under the Consumer Credit Act.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

After this period you should close the file and cease processing an personal data relating to me on this matter.

Yours faithfull

rog2

shellsy wrote: »

Sorry to intrude on this thread - but do cca apply to loans (RBS) and overdrafts (with alliance and leicester). Both go back to 1998/1999 and are handled by DCA's . One DCA has purchased the debt from Alliance and the other I am not sure .

My father recently passed away and I am trying to sort out the many debts; the DCA who purchased Alliance and Leics says that the debt is joint and therefore mum is liable to pay, so before I realised it could be an overdraft I verbally requested a copy of the agreement, so that we were clear what it was she was responsible for .

If CCA does not apply, is the DCA obliged to provide proof of her joint responsibilty ?

many thanks

Hi shellsy

First of all, you will probably be better off starting a new thread as your questions raise many issues. However, in the meantime a quick answer:

Consumer Credit Agreement requests apply to Loans but not, normally, to overdrafts.

Joint 'Debts' are, usually, passed on to surviving partners - but a dca is legally required to prove that it was, indeed, a joint agreement and that your mum is liable.

Have a look at the following factsheet, from National Debtline, on what to do with debts when someone dies:

http://nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies

shellsy

Thanks rog2,

Mum cant remember what she did yesterday let alone 10 years ago, so I just want to make 100% sure she will only pay what she has to .

I will start a thread

honeychunky

Thanks fermi! You're a star!

For future reference, and just to be clear in my own mind, what makes this "agreement" invalid? Sorry to keep asking lots of silly questions, but want to make sure I know what I'm talking about should this ever end up in court.

UNCLE_BUCK

Honeychunky;

If so then to be enforceable through the courts there must be for a credit card:

• A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

• A term stating the rate of any interest on the credit to be provided under the agreement and:

• 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.

Absence of any of those, or an unsigned original, render a pre April 2007 agreement unenforceable even through the courts.