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CCA request?
woodgreen2013
Posts: 28 Forumite
in Loans
How and when to request a copy of your credit agreement
Introduction
When reading this blog or the Consumer Action Group forums, you may see advice suggesting sending a “CCA request”. This is a letter to a creditor or debt collection agency asking them for a copy of an executed credit agreement, without which a debt may be unenforceable. In simple terms, you are asking the Creditor/Collector to prove that they have the legal right to demand payment from you.
Sending a CCA request effectively puts the account into dispute, during which time the creditor may not take any further collection action. Without a valid agreement, the debt is unenforcable without a court order.
However, it is important to reaslise that lack of response to a CCA request may render a debt unenforcable, it does not cease to exist. This process can not, and should not, be used to evade debts.
When to send a CCA request
You should send a CCA request when you require more information about your account, or when you genuinely dispute a creditor’s right to collect an alleged debt. The process should not be used for the purpose of debt avoidance.
Please be aware that there are certain types of debt which will not be covered by the advice here, such as utility bills, bank overdrafts, CCJs and court fines.
Suggested template
This template is adapted from “Letter N” on the Consumer Action Group forum. You can amend it as necessary.
Dear Sir/Madam
Re:- Account/Reference Number 1234567890
I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.
Yours faithfully
Mr A N Other
Recommendations
It is recommended that you do not sign the letter with your usual signature, as there have been rumours of creditors “cutting and pasting” it onto their own paperwork. You could use a handwriting font in your word processor, or sign over a thick line which would make it obvious if your signature was tampered with.It is strongly recommended that you send the request by Recorded Delivery, which for a standard size and weight letter costs £1.04. The delivery receipt should be kept with the copy of the letter. Delivery confirmation is available using the ‘Track and Trace’ feature on the Royal Mail website home page. It is best to print this off when it becomes available and also keep it with the copy of the letter.
The £1 fee is best paid with a crossed postal order. The postal order receipt should also be kept with the copy of the letter.
Timescales
The Consumer Credit Act states that a creditor must send the agreement within 12 working days of receiving your request, otherwise they are in default. You should count the day of receipt as day zero, and not include weekends or bank holidays in your calculations.
If the default continues for a further month, the Act states that the Creditor commits an offence.
Should the creditor attempt to take further action after this time, it is recommended that you contact Trading Standards or Citizens Advice. You have six months from the date of the offence in which to report the breach.
Is the agreement enforcable?
When you receive your reply, you should check carefully that it is an enforceable agreement before making an offer of repayment. You may find the threads listed in the external links section useful.
If you have access to a scanner you can scan the reply and – taking care to obliterate ALL personal details – upload it to one of the many free photo sharing websites such as http://www.photobucket.co.uk . Post a link to the image on the Consumer Action Group debt forum, and members will give their advice.
Please be aware that any advice given on the forum is not legally binding, and if you are in any doubt you should seek the advice of an organisation such as Trading Standards or the Citizens Advice Bureau.
http://debtcollectoradvice.wordpress.com/advice-and-templates/how-and-when-to-send-a-copy-of-your-credit-agreement/
My worry is making sure they do not take a letter like this an acknowledgment of the debt. If its getting near to the 6 years then it will all be wiped away. Would a letter like this be rocking the boat when the letters you are getting are just computer generated, if you rock the boat a human may look into your case.
Introduction
When reading this blog or the Consumer Action Group forums, you may see advice suggesting sending a “CCA request”. This is a letter to a creditor or debt collection agency asking them for a copy of an executed credit agreement, without which a debt may be unenforceable. In simple terms, you are asking the Creditor/Collector to prove that they have the legal right to demand payment from you.
Sending a CCA request effectively puts the account into dispute, during which time the creditor may not take any further collection action. Without a valid agreement, the debt is unenforcable without a court order.
However, it is important to reaslise that lack of response to a CCA request may render a debt unenforcable, it does not cease to exist. This process can not, and should not, be used to evade debts.
When to send a CCA request
You should send a CCA request when you require more information about your account, or when you genuinely dispute a creditor’s right to collect an alleged debt. The process should not be used for the purpose of debt avoidance.
Please be aware that there are certain types of debt which will not be covered by the advice here, such as utility bills, bank overdrafts, CCJs and court fines.
Suggested template
This template is adapted from “Letter N” on the Consumer Action Group forum. You can amend it as necessary.
Debt Collector,
Their Building,
Their Street,
Their Town,
AB1 2XY
DateTheir Building,
Their Street,
Their Town,
AB1 2XY
Dear Sir/Madam
Re:- Account/Reference Number 1234567890
I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.
Yours faithfully
Mr A N Other
It is recommended that you do not sign the letter with your usual signature, as there have been rumours of creditors “cutting and pasting” it onto their own paperwork. You could use a handwriting font in your word processor, or sign over a thick line which would make it obvious if your signature was tampered with.It is strongly recommended that you send the request by Recorded Delivery, which for a standard size and weight letter costs £1.04. The delivery receipt should be kept with the copy of the letter. Delivery confirmation is available using the ‘Track and Trace’ feature on the Royal Mail website home page. It is best to print this off when it becomes available and also keep it with the copy of the letter.
The £1 fee is best paid with a crossed postal order. The postal order receipt should also be kept with the copy of the letter.
Timescales
The Consumer Credit Act states that a creditor must send the agreement within 12 working days of receiving your request, otherwise they are in default. You should count the day of receipt as day zero, and not include weekends or bank holidays in your calculations.
If the default continues for a further month, the Act states that the Creditor commits an offence.
Should the creditor attempt to take further action after this time, it is recommended that you contact Trading Standards or Citizens Advice. You have six months from the date of the offence in which to report the breach.
Is the agreement enforcable?
When you receive your reply, you should check carefully that it is an enforceable agreement before making an offer of repayment. You may find the threads listed in the external links section useful.
If you have access to a scanner you can scan the reply and – taking care to obliterate ALL personal details – upload it to one of the many free photo sharing websites such as http://www.photobucket.co.uk . Post a link to the image on the Consumer Action Group debt forum, and members will give their advice.
Please be aware that any advice given on the forum is not legally binding, and if you are in any doubt you should seek the advice of an organisation such as Trading Standards or the Citizens Advice Bureau.
http://debtcollectoradvice.wordpress.com/advice-and-templates/how-and-when-to-send-a-copy-of-your-credit-agreement/
My worry is making sure they do not take a letter like this an acknowledgment of the debt. If its getting near to the 6 years then it will all be wiped away. Would a letter like this be rocking the boat when the letters you are getting are just computer generated, if you rock the boat a human may look into your case.
0
Comments
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What happens if the debt collection agency cannot find a copy of the alleged agreement within the timeframe, but a default has already been applied to your credit file? Is this grounds to apply to have it removed?!I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com0
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Candyapple wrote: »What happens if the debt collection agency cannot find a copy of the alleged agreement within the timeframe, but a default has already been applied to your credit file? Is this grounds to apply to have it removed?!
Yes certainly. They may get the paperwork together after the 12 days, but then do not be fooled into reafirming the debt. They have 12 days and if they can not prove your credit agreement in time, it is considered a default on their part. Talk about turning the tables on them.0 -
woodgreen2013 wrote: »Please be aware that there are certain types of debt which will not be covered by the advice here, such as utility bills, bank overdrafts, CCJs and court fines.
Does it apply to credit card debt?0 -
woodgreen2013 wrote: »Yes certainly. They may get the paperwork together after the 12 days, but then do not be fooled into reafirming the debt. They have 12 days and if they can not prove your credit agreement in time, it is considered a default on their part. Talk about turning the tables on them.
Turning the table son people that lent you money in good faith and you have failed to repay?
Is that a good thing?0 -
OP has gone from asking "How can I get my debts written off" to an expert in the field in 6 weeks LOL
Pay your debts back like you agreed to OP!!!0 -
To prevent unbridled mirth at the DCA or company you are writing to, you need to ensure that your enquiry does indeed relate to a properly executed CCA agreement.
Anyone faced with a DCA chasing a mobile phone debt (for example) doesn't have to provide any CCA agreement as none was entered into - you weren't 'buying money' but simply mobile phone services, and no credit (as defined by the CCA) was supplied.0 -
Pinkladylovebug wrote: »My daughter needs to dispute a debt for an alleged outstanding Vodafone bill of £181.81 which apparently has been owed for the last three years, but she is adamant that this isn't her debt. She has only been with Vodafone once which is now and she has an ongoing contract with them.
Moved to a new thread to keep this discussion separate.
----> https://forums.moneysavingexpert.com/discussion/4857321Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
This discussion has been closed.
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