requesting of Copy of agreement

a10consumer

yes I realise that a probability

mo786uk

If they dont produce the copy within 12 days the agreement in 'unenforceable' but this just means they cannot take you to court. Bear in mind even if they produce the copy after 30 days, it then becomes 'enforeceable after 30 days. failing to comply with the 12 days is not really a big deal as far as you are concerned.

also if they fail to comply within 12 days it means they cannot take you to court until they provide a 'true' copy' but they can still chase you for the debt outside of court.

a10consumer

if what you say is true then this 12 days has no relevance? because once a copy is produced, regardless of when its produced (even after 12 days)then the agreement becomes enforceable anyway? I don't understand the point of the 12 days?

mo786uk

a10consumer wrote: »

if what you say is true then this 12 days has no relevance? because once a copy is produced, regardless of when its produced (even after 12 days)then the agreement becomes enforceable anyway? I don't understand the point of the 12 days?

Yes, basically from your point of view if they provide it in 13 days or 33 days it makes no difference, the only thing it means is from day 12 onwards they cannot take you to court for it until they provide the paperwork.


The reason the 12 days is there is to put a time limit on it. Failure to comply with the 12 days limit is a breach of the consumer credit act and if the same company keeps doing it then they may get fined or have their licenced altered by the OFT. Therefore if this happens to you it is worth reporting it to Consumer Direct.

The excuse the DCA will give is that the 12 days the have is too short as they will have to go back to their original creditor who will have to get it out of their filing and so on.




This link explains everything in detail if you want to read it:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

zppp

OP, look up McGuffick v RBS which recently tested your questions

a10consumer

ok thanks for your help

a10consumer

OP, look up McGuffick v RBS which recently tested your questions

do you the link ZPPP?

zppp

Yes, http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

jonesMUFCforever

a10consumer wrote: »

I had 2 redundancies in a year, my income has been reduced by half - If I could pay my debts easily I wouldn't be complaining

Did you have PPI on the cards - you could have claimed for redundancy?

~Brock~

a10consumer wrote: »

I had 2 redundancies in a year, my income has been reduced by half - If I could pay my debts easily I wouldn't be complaining

Complaining about what exactly? Did your lenders make you redundant?