CCA's, a few questions please

icecube2009

Hi
I have just entered into a DMP with CCCS (first payment due 1st June, Egg loan already threatening to default me). I have seem some mention of CCA's & wondered what its all about, my understanding is if the company cant produce the original agreement then the debt cant be enforced?

Someone told my Hubby any credit card debt (or loan?) taken out before 2007 is unenforceable so can be written off, but I doubt this is the case (would be too good to be true!).

So what I want to know is, can the CCA's help me? would it be worth me writing to my creditors (and if so which, cards, loans, overdrafts or is this just credit card debt?) and how would it benefit me? and if its worth a go, is there a letter somewhwre?

Or alternatively can soeone direct me to the right place to read up on this, as I have found numerous threads but everyone seems to know all about it, and I dont!!

Thanks

fermi

icecube2009 wrote: »

Someone told my Hubby any credit card debt (or loan?) taken out before 2007 is unenforceable so can be written off, but I doubt this is the case (would be too good to be true!).

They are talking through their backsides I'm afraid.

Read: http://news.bbc.co.uk/1/hi/business/7894840.stm

You can ask for the CCA yourself though.

Can be useful if you are getting hassle from creditors.

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

Link to factsheet: Factsheet | Getting a copy of your credit agreement, account details and a statement of account.

Link to online version: Sample letters | Letter if you want a copy of your credit agreement and/or a statement of the account and the creditor has so far refused to send you a copy free of charge.

(Your home address)

Date:

To:

Dear Sir/Madam

Account No: _____________________________

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully


Print your name, don't sign.

icecube2009

Thanks for your help, so how can this benefit me? I have just started the DMP so assume i will get hassle from creditors! would it be wise to do this? (cant hurt can it?) just dont want to do the wrong thing or at the wrong time, its a lot to get my head round (and DH is no help he leaves it all to me, then listens to stupid advice from friends!) so any advice really is very much appreciated.
Thanks very much

fermi

Regards the DMP, there is nothing wrong with doing it. You have a legal right to make the request.

Should a lender not be able to comply or not have anything legally enforceable then it can help make them 'settle down'.

It may be particularly useful if the debt gets passed to debt collectors, since they rarely bother to check whether the correct documents exist before they buy a debt.

One word of warning though. DMP providers such as CCCS/PayPlan will not normally exclude a creditor from payments just because the debt may be unenforceable through the courts.

Up to you really, and how much you feel like a fight.;)

icecube2009

fermi wrote: »

One word of warning though. DMP providers such as CCCS/PayPlan will not normally exclude a creditor from payments just because the debt may be unenforceable through the courts.

Up to you really, and how much you feel like a fight.;)

Yes I assumed I would still have to make the payments through the DMP and am happy to do that as I would still owe the money, but anything that would help get the creditors off my back or help with them accepting what I am offering would be worth a try!

I rreally dont feel like a fight would rather bury my head in the sand (which i have done for years & is why I am in this mess!) but needs must!

RAS

hi

Where the CCA gets really useful is with DCAs who try legal action.

If there is not# CCA or the document they have is not compliant, they cannot succeed with legal action, AS LONG AS YOU DEFEND THE CASE.

icecube2009

RAS wrote: »

hi

AS LONG AS YOU DEFEND THE CASE.

what, as in GO TO COURT? scary!!

RAS

Not at all.

1. Good chance the opposition will not turn up as the cost of action is just pouring good money down the drain.
2. if they do turn up, likely to halt action as soon as they see you.
3. You can take a friend to speak for you.
4. Judges are pretty fair to litigants in person when they are faced with a lawyer.
5. The law is on your side, as is the OFT. Just ask for the CCa and advise the judge it has never been made available. Show him/her your letters. Then ask for costs to be awarded against the DCA.

speirsro

It's worth it though, eh?

blind-as-a-bat_2

RAS wrote: »

Not at all.


3. You can take a friend to speak for you.
.

No you cant oficially, there is an exeption in CPR for small claims track, you can request a friend represents you, but that is at the judges discretion and if the claiment does not object, so you cant take it as read you can. just for completness the defendent would still have to attend, and speak for themselves if questioned directly.