CCA Request

anm72

I have requested a cca from a company how long do i have to wait for them to produce a copy. If they do not respond within the timeframe is there any follow up i need to take or do i just ignore them from now on.

sourcrates

Depends if the debt is with original creditor, or DCA.
If OC, they should respond within 14 days, but may take longer.
If with DCA, could take up to a month or more, as they have to refer to OC.
Send reminder after a month if you hear nothing.

anm72

its with idem servicing, i thought they had to reply within a specific time or the debt becomes unenforceable

Stewart_78

Yes, that is correct but it's only unenforceable until they provide the correct and valid paperwork. Of course, if they never do that then they can't enforce the debt in court. You could stop paying after the 14 days is up and there would be nothing they can do about it (apart from threats) until they come up with the goods.

happy_bunny_2

What's the account for? when was it taken out?

anm72

it was an mbna credit card which i took out in the mid 90s, it was sold onto idem 18 months ago. My main query is the timeframe for the cca has expired i believe so do i need to follow it up with any other letters or just wait now. i have already stopped paying them

rizla_king

If they start bothering you send

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

I look forward to hearing from you in writing.

Yours faithfully

happy_bunny_2

As Rizla says.

Highly unlikely to have the required paperwork on a debt that old.

HB

anm72

Thanks for your advice. i certainly am hoping they don't have the paperwork for this.

sourcrates

anm72 wrote: »

Thanks for your advice. i certainly am hoping they don't have the paperwork for this.

Just to clarify, if they do send you something, on a debt that old the required paperwork would need to be an original signed copy of the agreement, not an application form, not a recon, a court would always have the last say on this obviously, but creditors/DCA`s tend to shy away from debts of this age if they know that you know your rights.

anm72

Ok i have just had a statement from idem stating that i am now 2 months in arrears. They have not in any way acknowledged my request for cca. Is it best to ignore them at this stage ?