Creditor can't supply CCA - what now?

johnnybrando

In previous posts about my debts people have suggested I request copies of my consumer credit agreement from my creditors. I have done and 2 cannot provide it - MBNA/ Natwest. I have an ongoing complaint against Natwest with the Ombudsman and they advised Natwest/ MBNA don't need to keep paperwork for any longer than 6 years.

So my question is;

Why am I asking for it, and what can I legally do if they cannot provide it? Can anybody provide a link to something I can send them? Im on a debt management plan (since 2011) and am paying an amount monthly

thanks

John

sourcrates

Hi,

Basically if a creditor cannot comply with your CCA request, then the account becomes unenforceable in court.

So the ball is in your court now, you can either choose to keep paying, make a small offer to settle, or stop paying altogether.

Since the leagal route has been closed off, there's nothing the creditor can do but spout hot air.

zenshi

That's good news for you! I wish the not keeping for six years was across the board. MBNA had mine, sadly, from 2002. It did take a while to come through though

sourcrates

It makes no difference how old the account is, or however many years have passed.

As long as a balance remains on your account, the creditor is duty bound to supply what you ask for, and if they can't do that, it can still render the agreement unenforceable.

johnnybrando

Thanks guys. Anything legally I can throw at them (along with a settlement figure?) Struggling to find anything online.
John

sourcrates

johnnybrando wrote: »

Thanks guys. Anything legally I can throw at them (along with a settlement figure?) Struggling to find anything online.
John

Ultimately only a court can decide these things.

However most lenders won't pursue accounts without paperwork.

All you can say is something along these lines :

"as you are unable to provide a copy of my credit agreement for this account, I can offer you X amount in full and final settlement.
This offer is made on the provision that neither you nor your agents will purse me for the remaining balance"

If they don't accept, you could up your offer, or, just forget about it altogether.

fatbelly

sourcrates wrote: »

Ultimately only a court can decide these things.

This is the key point.

But if you can show that you made a formal s77-79 request, with £1 payment, and they have made no attempt to comply by sending a properly reconstituted agreement, then any court action can be stayed until they do.

The argument that there never was an agreement (s127(3)) only works for pre-April 2007 agreements and if the judge is convinced, on the balance of probabilities, that this is true.