M&s cca

Miss_Poohs

Hi Everyone - my husband sent a request for his CCA with M&S weeks ago.

We enclosed £1 and I sent it recorded devivery, and have the delivery details.

Since then we've heard nothing - do we contact them again or assume that they cannot find the CCA?

Many Thanks

Miss P

maxdp

Miss_Poohs wrote: »

Hi Everyone - my husband sent a request for his CCA with M&S weeks ago.

We enclosed £1 and I sent it recorded devivery, and have the delivery details.

Since then we've heard nothing - do we contact them again or assume that they cannot find the CCA?

Many Thanks

Miss P

Hi There

They have 40 days to reply with information. If they have not done so, send them another letter by recorded delivery. Give them one week to reply and say if you have not received the requested information that you will complain to the Information Commissioners Office.

Good Luck

di3004

Hi there

For a SAR (Subject access request) as Maxdp says they have 40 calendar days, but for a copy of your CCA its normally 12 days, although some say it could be 14.

Chase them up by phone, and if no joy, do as Maxdp says and contact the ICO for advice, good luck.
https://www.ico.gov.uk/Global/contact_us.aspx

Miss_Poohs

Thanks it was a copy of the CCA I requested, I gave them 14 days.

I'll dig out the recorded delivery and chase it up.

Ta muchly.

Miss P

di3004

Miss_Poohs wrote: »

Thanks it was a copy of the CCA I requested, I gave them 14 days.

I'll dig out the recorded delivery and chase it up.

Ta muchly.

Miss P

Good luck Miss P.;)

marshallka

Miss_Poohs wrote: »

Thanks it was a copy of the CCA I requested, I gave them 14 days.

I'll dig out the recorded delivery and chase it up.

Ta muchly.

Miss P

Hi, is this account still open? Is there still a debt due and what date if it was closed, was it closed?

Miss_Poohs

Yes the account is still open - and is subject to a DAS - OH owes about £1700 on it.

Miss P

marshallka

Miss_Poohs wrote: »

Yes the account is still open - and is subject to a DAS - OH owes about £1700 on it.

Miss P

Then they should provide the CCA as stated within the 12 days. You do however (if you want to take it further) have to give them another 30 calendar days I think before taking it further and it becomes an actual offence.

Miss_Poohs

Thank you for the info Marshallka - good to know the facts before I wade in.

Miss P

marshallka

A good bit of info here but note the changes......

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).



With regard to loans, the specific information must include:

• The total sum to be paid, as per the agreement
• The sum still outstanding and the due dates for each installment
• The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.
In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.
Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)
Is my credit agreement legally unenforceable?

There has been a lot of publicity surrounding the ability to get out of debt by going through credit agreements with a fine toothcomb in order to spot any breaches of the regulations. In other words, looking for ways in which credit agreements may be rendered legally unenforceable. As mentioned in the previous section, the various Consumer Credit Regulations are very strict on what information must be presented, when it must be presented, and the order and manner in which it is to be shown. If any of the required information is missing, or simply not provided to you within seven days, the supplier may be in breach of these regulations. However, amendments made to the Act in 2006 closed this loophole, so now a court can still enforce a credit agreement even if the creditor has not complied. However, the creditor will still have to get a court order to do this, and may well not bother if the sum is not significant.

http://whatconsumer.co.uk/consumer-credit-act-rights/