Advice re CCA and F&F settlement

Sarah76_2

hi have been reading madly and just found on cag that if your agreement is post 07' then yes the law did change a reconstituted agreement will stand up in court and it would have to be able to prove it was reconstituted from the original agreement, could anyone please point me in a direction for more reading on this subject as im not actually disputing the debt just the amount owing but needed to check t&c on original agreement before proceeding

nottoolate

you said you took out the card 16 years ago?

so they do need an agreement

they can whinge and whine but there is no changing that fact

Sarah76_2

ok thanks thats helpfull do you have a link to the new legislation i could do with reading up on it :-)

Sarah76_2

sorry bumping my post back up anymore advice on what to do next :-)

nottoolate

did you request the cca formally by letter including the £1 fee?

nottoolate

Sarah76 wrote: »

ok thanks thats helpfull do you have a link to the new legislation i could do with reading up on it :-)

the legislation is a bit confusing to read.

but the upshot of it is that under the consumer credit act 1974 sect 127 (3) a court should not enforce the debt without a correct signed agreement

the law was changed in 2007 so that agreements from that date onwards can be enforced without a copy as long as they can prove you owe the debt.

the ones before that like yours still require an agreement if they went to court though

Sarah76_2

hi thanks for simplifying that it is all a bit hard to read sometimes, all cca requests were done using templates from cag and were sent with £1 postal orders. My original agreement was taken out in 1994

nottoolate

good. i assume you have sent letters to the dca saying that they cannot enforce the agreement until they provide a cca?

who are the dca? hfo by any chance?

Sarah76_2

dispute letters, telephone harrasment letters all sent recorded. The dca is ccs - commercial collect services

thechippy

Send a SAR (subject access request)
Will cost you a tenner, but they should send all info they have on you.

Hopefully you can use this to clarify the amount owed.