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CCA help please
zenshi
Posts: 1,119 Forumite
I requested CCA from a particular CC with my payment. I received back some paperwork which I'm unsure if it's correct/adequate
Included was....as stated in the covering letter.....
Original true copy of credit agreement
Original true copy of T and C
Current copy of credit agreement as varied
Current copy of T and C as varied
Current statement of account, signed on behalf of X
Also included was the application form that I filled out when applying for the CC dated November 1998
That application form is the only thing that is signed. The credit agreement is blank, no date, no sig etc
Is this adequate for the debt to be enforced? First time I've asked and got a reply for this kind of thing
Included was....as stated in the covering letter.....
Original true copy of credit agreement
Original true copy of T and C
Current copy of credit agreement as varied
Current copy of T and C as varied
Current statement of account, signed on behalf of X
Also included was the application form that I filled out when applying for the CC dated November 1998
That application form is the only thing that is signed. The credit agreement is blank, no date, no sig etc
Is this adequate for the debt to be enforced? First time I've asked and got a reply for this kind of thing
LBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,764
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,764
0
Comments
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Thinking about it, even as a lay person....surely the agreement should have to have my signature of address or something ? Otherwise when requesting CCA they could just send print outs or am I missing something?
It's so confusing
LBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,7640 -
Hi,
When the loan agreement is executed a document containing prescribed terms (such as the amount of credit, the rate of interest and the method for making repayments) which embodies all the terms of the agreement must be signed by the borrower.
An agreement meeting these criteria must contain certain statements and notices of the right to cancel.
Where a loan agreement has not been properly executed it can only be enforced if the creditor obtains an order from the court. However, for agreements made before 6 April 2007 the court is prevented from granting an enforcement order where the requirements above have not been complied with.
Therefore, the date of a credit agreement is highly relevant as to whether it is enforceable.
On the face of it, your agreement will be unenforceable.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-letter0 -
Re reading all the paperwork they sent, the one entitled CCA has my name and address on but is not signed or dated whatsoever, if that makes a differenceLBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,7640 -
Re reading all the paperwork they sent, the one entitled CCA has my name and address on but is not signed or dated whatsoever, if that makes a difference
Any prescribed terms as mentioned above ?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-letter0 -
Can I add attachments? Would be easier to add it as pic
ETA it would appear not.....LBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,7640 -
My heads all mushed. Will post tomorrow when I'm thinking properlyLBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,7640 -
My heads all mushed. Will post tomorrow when I'm thinking properly
Zenshi, if your agreement does not contain the "prescribed terms" then its likely to be unenforceable.
When I say prescribed terms, I`m referring to such things as the amount of credit, the rate of interest you will pay, and the method for making repayments, the minimum amount you should pay etc etc.
If these are missing, then it doesn't comply with legislation.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-letter0 -
Having re rad several times, it seems the section about interest states zero, credit limit to be arranged on receipt of card.
As there is no real urgency to this, what I will do is book an appointment with my CAB debt section and take it all in with me.LBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid
£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,7640 -
Having re rad several times, it seems the section about interest states zero, credit limit to be arranged on receipt of card.
.
And that is precisely why 99% of pre-2007 credit agreements are unenforceable, they all said that.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-letter0
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