CCA query

fermi

Edited: Try now.

The forum can't cope with links with over 50 characters in a row, so puts a silly space in breaking the link

Or https://goo.gl/WdxPPB

sourcrates

fermi wrote: »

Worth a read: https://consumercreditlitigationanddebtcollection.wordpress.com/2016/01/16/16-days-into-2016-and-what-a-start/

Really makes you wonder doesn't it.


These so called "legal professionals" employed by firms such as this, where do they find them ?


Were they working in KFC last week ?


(and this is no slur on KFC workers either)


Beggar's belief it really does !!!!

rizla_king

sourcrates wrote: »

Really makes you wonder doesn't it.


These so called "legal professionals" employed by firms such as this, where do they find them ?


Were they working in KFC last week ?

a lot of them were. or not that far off anyway.

they have 1 or 2 qualified staff and 1,000s of claims, so most is done by barely qualified dipsheets.

its cheaper and they accept thae some claims will fail. they save more than it would cost to have expert advice on all claims

cmc_entertainment

For clarification, what happens if a creditor fails to supply the CCA request?

What happens to the debt?
What happens to your credit file / record?
Is the debt still payable by/are you still liable yourself?

Thanks

sourcrates

cmc_entertainment wrote: »

For clarification, what happens if a creditor fails to supply the CCA request?

What happens to the debt?
What happens to your credit file / record?
Is the debt still payable by/are you still liable yourself?

Thanks

(1) The account becomes unenforcable.

(2) The debt is still owed, it just means the creditor can't enforce it through the courts.

(3) Credit file will still show how the account has been handled.

(4) Yes, but again, they can't enforce the agreement through the courts.

fermi

cmc_entertainment wrote:

What happens to the debt?

It still exists.

The sanction of continued non compliance with a s77-9 request, or an agreement unenforceable under s127(3) if pre April 2007 is simply that a court is not entitled to make an order to enforce it against you.

cmc_entertainment wrote:

What happens to your credit file / record?

In default of a s77-9 request, they can continue to report or default the account as normal.

For an irredeemably unenforceable CCA under s127(3) the ruling in Grace v BlackHorse may apply. See >> link <<

cmc_entertainment wrote:

Is the debt still payable by/are you still liable yourself?

Still payable/liable yes. It's the matter of enforcement of that liability that may be restricted in law. Although some comments in the Grace v BlackHorse judgement may a slight modifier on that in cases of agreements unenforceable under s127(3)

cmc_entertainment

In addition, I have read that if the CCA is not supplied as requested, you would be in a better position to off F&F [as to point 3 you will still be liable], but can offer a lower amount due to this?

If a debt is already been defaulted in a non CCA compliance, could you ask the creditor to remove this?

fermi

May put you in a better position to do a F&F, yes.

Non compliance with a s77-9 request is not in itself grounds to have a default removed or not reported. The High Court case of McGuffick v The Royal Bank of Scotland Plc decided that it was OK to continue reporting.

As said, the case of where an agreement is irredeemably unenforceable under s127(3), a different part of the Consumer Credit Act, as per Grace vs Blackhorse, may be different matter, but is hard to prove and not well tested AFAIK. You're unlikely to be able to easily achieve a similar result without going 'legal'.

January2015

Hi

Six weeks since I sent letter to PRAT group advising I had already sent 2 CCA requests to MBNA (response to first request was to provide current T&Cs so sent back requesting compliance etc). Apart from acknowledging they would go back to MBNA to obtain documents I've heard nothing else from either MBNA or PRA group.

Do I just leave it, or should I send a chasing letter reminding the debt is unenforceable until they provide documentation?

absolutereturn

January2015 wrote: »

Hi

Six weeks since I sent letter to PRAT group advising I had already sent 2 CCA requests to MBNA (response to first request was to provide current T&Cs so sent back requesting compliance etc). Apart from acknowledging they would go back to MBNA to obtain documents I've heard nothing else from either MBNA or PRA group.

Do I just leave it, or should I send a chasing letter reminding the debt is unenforceable until they provide documentation?

Personally I would not chase them up. PRA haven't got the documents and are relying on MBNA to locate them. As they have sold the account, it may not be at the top of their list.

I'd wait till they write again and then I'd write back saying the debt is not enforceable until they comply with your request.