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Is this CCA enforceable?

Sixfingers
Posts: 7 Forumite
Hi, after much of the great advice on this and one or two other forums, I went through the process of requesting a CCA (from CapQuest) and as such received the following from the student loans company. Most of the advice available seems to end at the point of receiving a CCA, so was hoping that someone could help provide their view on this document. In summary (in the absence of a link) the info provided contains:
Name, signature and date
Amount (for one loan rather than 3 which is what they are claiming)
Course Completion dates etc
NO MENTION OF: statement of accounts relating to full loan amount, terms and conditions, repayment plan etc etc.
My own uneducated view is that this is clearly not enforceable as it does not give the relevant information required by the Consumer Credit Act 1974. Since receiving this, I have also received another threatening letter from Cap Quest saying that my account will move onto pre litigation stage by 28th Jan if i have not agreed a repayment. Even though they are claiming I owe a total of 6grand, this doc also only references one loan.
The ball is quite clearly now in my court, so any help/advice much appreciated!! Thanks a lot!
Name, signature and date
Amount (for one loan rather than 3 which is what they are claiming)
Course Completion dates etc
NO MENTION OF: statement of accounts relating to full loan amount, terms and conditions, repayment plan etc etc.
My own uneducated view is that this is clearly not enforceable as it does not give the relevant information required by the Consumer Credit Act 1974. Since receiving this, I have also received another threatening letter from Cap Quest saying that my account will move onto pre litigation stage by 28th Jan if i have not agreed a repayment. Even though they are claiming I owe a total of 6grand, this doc also only references one loan.
The ball is quite clearly now in my court, so any help/advice much appreciated!! Thanks a lot!
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Comments
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Did you borrow the money?
Are you disputing it?0 -
It would have helped to have been given full information in the initial post.
The first step would be to send them a 'Prove It' letter: http://www.moneysavingexpert.com/attachment/3rdpartydebtsletter.rtfI was a DFW, now I'm a MFW :T0 -
Yes I am disputing the debt. They are claiming that i owe them 6grand, due to student loans. I requested a copy of the CCA and statement of accounts relating to the alleged debts and to date, I have received a one page document signed document referring to 1300quid of a loan, without T&C's and without statment of account
Cap Quest have since sent another letter threatening that i will be passed onto the "pre-litigation" team with a view to taking me to court. Needless to say i was hoping for advice on how I should respond to CapQuest's latest letter considering they did not fulfil my initial request.0 -
Is the loan a Student Loan as in it's from the Student Loans Company, or from another company, such as a bank?SAVINGS: £63.86 // £3,0000
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The loan(s) is with the SLC0
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The problem with Student Loans is that you aren't really given a CCA. You're given a declaration to sign, and that is all. It doesn't have everything written on there I don't think - I last got one a year ago so I'm not 100% what the decoration actually states.
I think it would be very hard to deem this unenforceable, especially if you took out tuition fee loans to pay for your fee's.
Did you include the payment when you requested a CCA?
A CCA request only gives you a copy of an agreement, nothing else.
If you wanted to find out everything they have on you, send them a SAR, as that would mean they'd have to give you details of ALL loans and ALL payments made etc etc. This costs a tenner though.SAVINGS: £63.86 // £3,0000 -
What's the date of the agreement?Happiness, is a Kebab called Doner.....:heart2::heart2:0
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KellyKing1987 wrote: »The problem with Student Loans is that you aren't really given a CCA. You're given a declaration to sign, and that is all. It doesn't have everything written on there I don't think - I last got one a year ago so I'm not 100% what the decoration actually states.
Student loans for those who started courses in 1998 and earlier did have full proper CCAs you were required to sign.
I know. I have copies of mine.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Ahh OK. I'm post-1998
Sorry, my bad!
SAVINGS: £63.86 // £3,0000
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