Consumer Credit Act 1974

skylight

Me again!:A

Sent off a letter to 1st Credit asking for my CCA and pointing out that the debt is uneforceable, 12 days to supply it etc.

Nice letter (!) back today telling me they have contacted their client (isn't one - they bought the debt) and the document is on its way and will take about 1 month.

Well. Not having this. 12 days is up and I want to tell them to take a run and jump (aren't I nice!). I will not tolerate bullies (they threaten all sorts!)

So - I am writing back to tell them its 12 days or nothing, time is up, go away etc, but would like to quote ACTUAL legislation on this one, about the 12 days/unenforceable bit. But I cannot find it. Does anyone, off the top of their head, have an actual copy of the right bit? Please don't anyone spend time searching - there is a lot of info in the act and I've spent nearly an hour trying to locate something.

CLAPTON

the act doesnot say what you say it says .... it says that after 12 days the debt is unenforceable until they produce the signed agreement and that after 30 days they are committing an offence.
interestingly it doesn't say that although they are committing an offence after 30 days that the debt is forever unenforceable.

skylight

Right - got it!

Was hoping to be able to send a snotty retort back but will have to wait to see if they can produce a CCA. Not sure if they can. I am sure I applied for a Barclaycard on the internet and do not remember signing anything in order to get the card.

Will wait and see.

This is one of those companies that insist on me paying more than 3 times what I can afford on a DMP and getting nasty about it. If a CCA is available then they can take me to court. I cannot and will not pay more than I can afford - CCA available or not.

Thanks Clapton! Great help as always.

nomoneytoday

If you can't afford the 3 times too high payment, let the judge decide. The odds are in your favour, and you may find he makes them take even less

Snaggles

If they do provide the CCA agreement, and still insist on asking you for 3 x what you can afford, there was a template letter on a thread the other day that you can send to them saying you are very disappointed blah blah blah and will have to let the courts decide....I'll see if I can find the link.

Snaggles

Here it is - post number 9.