Omg should I do this???

glimmerofhope

Hi, just reading the posts what is ue/cca?
Thanks

king100

glimmerofhope wrote: »

Hi, just reading the posts what is ue/cca?
Thanks

CCA

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/

Tixy

glimmerofhope wrote: »

Hi, just reading the posts what is ue/cca?
Thanks

UE stands for unenforceability. Or more usually on here it would be shorthand for reviewing your credit agreement to see if it is legally enforceable in court.

CCA means both consumer credit act and consumer credit agreement depending on the context it was written. A consumer credit agreement needs to comply with the consumer credit act to be enforceable.

NWMazda

If the DCA were to send out the CCA, how could an individual verify that it was the real thing or an unenforcable one? Is it in the detail or only because of a missing signature?

Tixy

NWMazda wrote: »

If the DCA were to send out the CCA, how could an individual verify that it was the real thing or an unenforcable one? Is it in the detail or only because of a missing signature?

Its to do with whether it contains all the prescribed terms, specific clauses that are required by the act.
Though in addition to that you need to ascertain that what they have sent is the same as the agreement you signed, not a more recent document.

NWMazda

The above link to the office of fair trading says that even if the CCA is not there or whatever, the lender can still take a court order to pursue the debt. Is playing the CCA card not a sure fire way to make the DCA as angry as they could ever be?

Tixy

Well they certainly won't be thrilled about it.
Just asking for the CCA could in theory be for any reason. Although a DCA will know usually that people are asking with a view to considering if the agreement is enforceable and in accordance with the act.

edit - sorry where does it say the lender can still take a court order to pursue the debt?

If its not in accordance with the prescribed terms then a lender/dca could still take you to court for a judge to rule on whether the debt is enforceable, but if you turn up and defend the action and prove that no enforceable CCA exists (or can be produced) then a judge would not grant a CCJ in the lenders favour.

NWMazda

A section in the link provided earlier lays out what is expected in the CCA then says:

"If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002."

That is the part which made me say about how a lender could just get a court order to make it still enforceable. I'm just in a position myself where I am wondering about playing the CCA card and concerned that I am out of my depth knowledge wise!

unsuremom

does anyone have a link for the letter to creditors offering token payments please? we are being chased by barclaycard and i'm not sure whether to give them token payment over the phone or send it in post. awaiting call from payplan to start dmp rolling.

I feel so much better now that we have finally made a decision to move forward

saltnvinegar

Hi

You can tweak the letter I posted here to suit your circumstances.

Make sure that you have set up a new bank account and are having your wages paid into this before sending any letter like this to your creditors.

Best

SnV

https://forums.moneysavingexpert.com/discussion/2759500=