CCA Requests

pandb

Please can someone give me some advice regarding a CCA request.

Can a bank, after receiving a CCA request, put the £1 toward an alleged debt? The bank says that the original CCA does not exist due to the length of time. Surely the £1 should be sent back and not just applied to the alleged debt! If I am right regarding this then does anyone know of laws etc that should prevent a bank from doing this?

Many thanks in advance

~Brock~

Look on the bright side - at least your 'alleged' debt has reduced by a pound.

Ansu

pandb wrote: »

Please can someone give me some advice regarding a CCA request.

Can a bank, after receiving a CCA request, put the £1 toward an alleged debt? The bank says that the original CCA does not exist due to the length of time. Surely the £1 should be sent back and not just applied to the alleged debt! If I am right regarding this then does anyone know of laws etc that should prevent a bank from doing this?

Many thanks in advance

It depends what exactly you're disputing, by claiming it is an 'alleged debt' are you implying that you never took this debt on? If so then contact their fraud dept. I'm sure they will clear it up and refund your £1.00.

If you're claiming that since they have not provided a true copy of your agreement and therefore the debt is unenforceable/doesn't exist/shouldn't be paid, then no, the £1.00 goes to your debt and so will any other payments you make. You may have missed the band wagon on this one, see http://info.dlapiper.com/ve/ZZcUJj80o3198m7166Y

costapkt

It might cause a problem if Debt is nearly Statute Barred . If you payed by Postal Order keep receipt. Also copy of request letter for the CCA.
Can be a common practise where they sneak the £1 onto your account.
But if they do not supply the CCA the account becomes 'In Dispute' and you can withold any payments until they produce one.
There should be an ''In Dispute' letter template on this site.

Ansu

costapkt wrote: »

It might cause a problem if Debt is nearly Statute Barred . If you payed by Postal Order keep receipt. Also copy of request letter for the CCA.
Can be a common practise where they sneak the £1 onto your account.
But if they do not supply the CCA the account becomes 'In Dispute' and you can withold any payments until they produce one.
There should be an ''In Dispute' letter template on this site.

No it doesn't, and no he can't.

Well, technically he can, but he is not entitled to under the contract or the CCA.

The key points which emerge from the judgment are:

1. whilst an agreement may be deemed unenforceable for a period, the Bank's rights will continue to exist during that period and will not be extinguished and the Bank will not be deprived of its rights;
2. the following activities will not be regarded as "enforcement" for the purposes of the CCA:
   • reporting the status of any account to a credit reference agency (CRA);
   • demanding payment from the debtor;
   • issuing a default notice to the debtor;
   • threatening legal action;
   • instructing a third party to demand payment or otherwise seek to procure payment;
   • bringing proceedings against the debtor.

Section 77/78 are not disputes, and do not create disputes.

costapkt

Well, if they cannot provide a CCA to prove the Debt exists tough on them. No Pay.