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CCA 12+2 days passed what do I do now?

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Comments

  • sourcrates
    sourcrates Posts: 31,961 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    unfortunately my eyesights not good and I have tried reading this but I cannot even the original is blurry.



    Does it state the credit limit anywhere on the document ? or does it just say "credit limit will be advised to debtor" as omitting the former, and stating the latter, alone does not comply with CCA 1974.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    sourcrates wrote: »
    Does it state the credit limit anywhere on the document ? or does it just say "credit limit will be advised to debtor" as omitting the former, and stating the latter, alone does not comply with CCA 1974.

    Stating that does comply. Falls under
    The credit limit may, by virtue of Sch 1 para 8, be expressed as a sum of money, or a statement that the credit limit will be determined by the creditor from time to time and notified to the debtor, or a sum of money together with a statement that the creditor may vary the credit limit from time to time and notify the debtor.
    Still rolling rolling rolling...... :) <
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  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    At least they got the late payment fee correct on an account that old. May well be real.

    My RBS one they tried to say was real had a late payment fee of £12. Really? Taken out in 199x. Don't think so.

    Get it checked as Rizla says. Or try a different expert forum that looks at these things as there may be technicalities wrong with it.
    :beer:
  • beverley1296
    beverley1296 Posts: 186 Forumite
    As its a DCA chasing me and not the actual credit card, can the DCA actually take me to court? or send bailiffs or do anything?
  • beverley1296
    beverley1296 Posts: 186 Forumite
    edited 28 May 2014 at 7:44PM
    Just reading the agreement on this and it is an application form, they are having me agree to them making credit reference searches to see whether they can offer me a credit card. This is the only thing I have signed.

    Exact wording I signed to

    Credit agreement regulated by consumer credit act 1974.
    The partied to this agreement are Halifax uk and the applicant above. I request that Halifax uk issue a card PIN and cheque book to me and to any person named above as an authorised user. I understand that Halifax plc may use credit scoring techniques to assess my application. You are authorised to make such creditor other enquiries as you see fit. Credit reference agencies will keep a record of any search. You are authorised to share information about me and my account with other lenders through credit reference/fraud prevention agencies, in order to make credit decisions, trace debtors and prevent fraud. I have received a copy of and agree to be bound by the conditions of use. All information provided by me is true and complete.
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Yes but depends on whether the terms and conditions that make it a valid agreement are referred to in it or form part of the same document. Something can say application form and be a valid agreement at the same time. It's not mutually exclusive.
    Still rolling rolling rolling...... :) <
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  • rizla_king
    rizla_king Posts: 2,895 Forumite
    As its a DCA chasing me and not the actual credit card, can the DCA actually take me to court? or send bailiffs or do anything?

    If they have bought the debt they can. Not bailiffs until they have a court order you haven't paid though.
    Still rolling rolling rolling...... :) <
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