What to do if a creditor cannot supply CCAs

dobbollah

they have acknowledged the letter and are endevouring to deal with my request so i'll keep things updated

dobbollah

well tomorrow is the 12th day since i know the creditors recieved the requests.............

whats my next step...?

sourcrates

dobbollah wrote: »

well tomorrow is the 12th day since i know the creditors recieved the requests.............

whats my next step...?

Hi,
Nothing, just wait, it will take a month at the very least, so just wait and see what comes back to you, further letter tennis is futile until you have a response from them.

dobbollah

so give it a calendar month and then................

sourcrates

dobbollah wrote: »

so give it a calendar month and then................

They should get back to you at some point, if no contact after a month, send a reminder.

Sazzie23

Is there a time limit on CCA, i.e agreements made between certain dates ?

sourcrates

Sazzie23 wrote: »

Is there a time limit on CCA, i.e agreements made between certain dates ?

Consumer credit act allows 12 plus 2 days for a creditor to respond.
However, in practice, this is rarely achievable, especially if the debt is now with a 3rd party DCA.

The requirement for a creditor to respond within the timeframe or commit a criminal offence, was removed some time ago, now the debt just remains unenforcable until they supply what they should to satisfy the request.

In cases where the DCA has to go back to the original creditor for the paperwork, it can take a month, or more, to find it, sometimes they can't find it, they will normally write and let you know if that's the case.

dobbollah

but if the debt is still with the original creditor, and they take outside of 12 days, then in a black and white world its unenforcable...?

Given the type of letters creditors send out with fixed deadlines, why should I give them a month, and chase them further.....? Rant over

I appreciate you guys have probably done this and so have experience so always value the advice :-)

dobbollah

is there a template for a letter for a creditor who fails to provide a cca for a settlement....or is the national debtline letter tweaked about right....

something like............

You have been unable to provide me with a copy of my credit agreement as required by law etc. and therefore the debt is legally un-enforceable.

On this basis I offer a settlement figure of X. If you choose not to accept this I will make a payment to you of £1 a month until such time you can provide the relevant information.

rizla_king

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 signed 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