Please help- CCA Question

RAS

12 working days plus two days for postage.

MissShoes

Hi all

well I have had a response from one of my creditors (not the one I initially posted about- think I got carried away and sent CCA requests to 3 creditors- all store cards/catalogues).

What should be on a CCA? This appears to be a form filled in 2002 for a storecard- there is small print at the bottom. What should it say?

Thanks

Shoes

xx

MissShoes

Bumpity bump

fermi

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.

---

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 post 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.

MissShoes

Thans so much for that Fermi. I'm not sure if this is correct then?

It is an application for a storecard at a highstreet store. In the small print at the bottom it says:

We will determine your credit limit from time to time and give you notice of it.

Interest on the account will be charged on the account at the rate of
2.08% per month APR 28.0 for monthly payments by direct debit
and 2.21% per month APR 29.0 for monthly payments by any other means.

The rates of interest and the APRs may be varied by us for giving you notice in a manner permitted by law. The APRs quoted do not take account of any such variation.

The minimum payment due from you each month will be the greater of 4quid or 4% of the outstanding balance on the account (or the full amount if it is less than 4quid.

This is the actual application form so it also outlines how they will process the application .

Not sure what to do now

MissShoes

I really don't know if this is a CCA or an application form??

Tixy

Do you have access to a scanner? If so you could scan it on here (removing your personal info of course) and there are a few experts who will be able to tell you if its a 'proper' CCA.

MissShoes

Hi all- have received another reply to my CCA request (this one from a catalogue):

Please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under Section 78 of the CCA.

The goods that have been charged to the account have been ordered by and delivered to the account holder, without payment in full having been made for them. We are entirely satisfied that the account holder remains in debt to ****.

A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future. Making payment to clear the balance will enable the credit files to show as satisfied.

Yours sincerely...

What they have enclosed is a wonky photocopy of 2 BLANK credit agreements (2 A5 sized on 1 A4 sheet).

My name is not on there.
I have not signed anything.
My address isn't on there.
There are no account details on it.
There is no date on it.
There is no credit limit on it.

WHAT DO I DO NOW?? EXPERTS- PLEASE HELP!! :money::beer:

Thanks everyone

Shoes
x

MissShoes

Anyone please?? Thanks! :beer:

GeorgeUK

If there is nothing to identify the agreement as belonging to you, then it definately does not meet the requirements of the CCA74.

There is a letter that you can send (the 12+2 day letter)
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945