A question for Bailiff Chaser

lonely_2

You've mentioned this a few times - what is a CCA? And why does it mean that if creditors don't have one they will write off your debt?

tomterm8

(1)It's a Credit Agreement, and (2) If they don't have a signed CCA they don't have a enforceable debt. Any further action is illegal. In fact, in most cases the CCA is also the Data Protection Act 1998 consent to process your personal data, and so them even holding your personal data is illegal.

lonely_2

Why would any company that you have debt with not have this? Any time you take a credit card or loan you need to sign an agreement.

tomterm8

lonely wrote: »

Why would any company that you have debt with not have this? Any time you take a credit card or loan you need to sign an agreement.

Yeah... and until very recently (1995), they typed it into a computer and threw it away

It costs money to store credit agreements, and be able to obtain them within the required time, and most people don't know their rights under the Consumer Credit Act. It costs more for the banks to store the CCAs for debts under, say, £2000 than the cost of unenforceable debts where people know their CCA rights.

lonely_2

So if all my debts were accumulated after 1995 it is likely they will have a CCA anyway - is that what you're saying?

lynzpower

No the issue is that for many DCAs, they dont have a copy of the CCA agreement, and thus cant enforce the debt.

tomterm8

lonely wrote: »

So if all my debts were accumulated after 1995 it is likely they will have a CCA anyway - is that what you're saying?

It is more likely, but it is far from certain. It costs £1 for a CCA request, plus the cost of registered mail. The CCA request also permits you to have a statement of account detailing charges, so you can see if any of the charges are illegal - most debts have some element of unlawful penalty charges / fees attached.

In my experience DCA's almost never have a CCA, and the original creditor is very unlikely to give it to them as it would cost more than the creditor was paid ( maybe 6% or less) for the debt.

lonely_2

oh OK, so it is not likely that the banks themselves haven't got a copy - it's just when it goes to a DCA that you probably have a case...

BAILIFFCHASER

lonely wrote: »

You've mentioned this a few times - what is a CCA? And why does it mean that if creditors don't have one they will write off your debt?

Your reference :
Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.



Enc cheque number


this is what a cca is.

Scottishmummy

what if you are already on a dmp and paying the debt? Can you still go down this route or if they do provide the cca can it then cause problems with the dmp?

smashedbooboo

Right ok. The CCA request will give you just that. You are asking for a true copy of your credit agreement. If you want other info like charges and other info they hold on you then that is when you send off the subject access request letter. The CCA letter goes to the DCA. The SAR goes to the original creditor. The debt is not written off as such, Its just that the DCA cannot legally chase yoy for the debt if they dont have the CCA. If they dont have it then they will usually pass it back to the original creditor. As has been done in my case. But ecen they could not come with it as the debt was very old. So in my case they did write off the debt. If the DCA or the creditor wanted to enforce the debt then they would have to go to court. But the judge would take a very dim view on them doing so. The reason mainly for asking for the CCA and the SAR is to put the debt into dispute. This will give you time to get all the info they have on you. Then you can work out the true amount you owe them then you can come to a reasonable arrangement to pay them off. At a rate you can afford.