consumer act advice

boney24

Hi after taking advice given on this forum I wrote to one of my creditors and asked for them to provide me with a copy of my alleged credit agreement. They have now writen back to say that they legally own the debt but they do not have the agreement as it is with the original lender so have been unable to send it in the 12 days required under the 1974 consumer credit act. They claim they will send it once the origial company finds it. What i need to know is what to do next, can I stop paying till they send me the paper work if it exists. I know the act says it must be supplied within 12 days, if they can not do this what does that mean, and are they right to pass the buck to the original lender. Advice please

Mike_St_Helens

OOOhh I like this one, I dont kknow im afraid, sorry. Im sure that someone will pop up soon to give you sound advice...

Donedoingdebt

Unlike some, at least they have had the decency to write to you giving an explanation for the delay. I think maybe giving them a "reasonable" amount of time to rectify the situation may be the best way. When this reasonable time elapses then notify them of your intentions. I don't feel that just stopping payments with no explanation would make things any easier for you at this moment.

file_wizzard

Basically the 1974 CCA requires the creditor ( in this case the DCA as they admit the debt has been purchased / assigned) to provide a copy of the agreement within 12 days, if they fail to do this they then have 28 days from the initial request to comply before they commit an offence under the act.

If they have not complied after the full 28 days then you should decide from then how you wish to proceed.

However you should be aware that the non provision on a CCA agreement does not mean the debt is not owed, if they are unable to provide the CCA agreement it means they would be unable to pursue you under the CCA for the debt, however they can still seek repayment under contract law, although this is unlikely.


EDIT;

Have just read you previous posts and I presume this relates to Aktiv Kapital?

In this case you will not receive the documentation requested, so when they fail to provide it within the 28 Days report them to trading standards

boney24

Yes, you are right it is Aktiv Capital. Thanks again for the advice, I will wait the 28 days and then report them. I made sure i sent my letter recorded delivery so I can prove when it was sent.