Debts Sold To Other Companies and the CCA

MarkGalvin

I have a debt from a credit card company that has been sold on to another company who are now chasing me for payment.

Does the original Consumer Credit Agreement that I signed with the original credit card company still aplly to this debt? If so can I do a CCA1974 request for the original signed agreement?

If they cannot provide this are they then in breach of the CCA?

If all the answers to these questions are yes then this would help me immensely.

Thanks

Mark Galvin

amosworks

Hi Mark,

A request under the CCA 1974 to a company legally requires them to supply to you a true copy of the originally signed credit agreement, any deed of assignment and a statement of account - regardless of whether they are the original creditor or not. Failure of them to do this within 30 days breaks the law, but they have to supply the documents to you within 12 days or they can no longer chase you for the debt.

There is a £1 statutory fee to request this information, but well worth it in my opinion. If they can't (or don't in the time scale allowed) provide you the requested documentation, they are not only breaking the law but can't then chase the debt and will make it a lot harder for them to do so in future, because they would get wrapped by a court for failing to honour your request, and no court would issue judgements or orders against you in this instance.

I am all in favour of people getting out of their debts on technicalites - it helps force the credit industry to play ball and keep proper records and deal with consumer requests promptly, rather that being a law on to themselves. Sadly, even legislation doesn't stop them thinking they are god, only them having to write off debt is the way to force them to take us seriously.

Good luck with it all! I made 30 CCA requests at one time once (I had A LOT of DCA's to deal with that my accounts were passed around), and only about 5 replied. Go figure.

Amos

MarkGalvin

Thank you - this information could save me a lot of money.

Mark

amosworks

There's a lot of stuff on here that could save you a lot of money. Have you posted your SoA yet matey??
Amos

MarkGalvin

Currently

London Scottish £404.40
Capquest £935.36
FIRE £2,483.55
Frederickson £1,404.74
Cabot £3,750.74
Link £3,933.43
Link £13,355.72
First Credit £10,406,88

Total £36,674.82

Not worked for a year due to severe sciatica - getting the results of the MRI next Wednesday.
First Credit have issued a bankruptcy petition and am in arrears with my mortgage.

Not a good year.

Mark