CCA request wording

Movingon5464

Hello,

I am finally ready to send off CCA requests to my creditors prior to hopefully being in a position to offer Full and Final Payments by the end of the year. I don't think I will be able to afford more than 30 - 40 % so am hoping that a few of my creditors don't have the paperwork required for them to take the debts to court and may be more willing to accept my offers. I have been paying for many years through Stepchange and all debts have now defaulted and fell off my credit reports but none went as far as a CCJ.

I just want to check the wording of the CCA request before I send the letters off. The template on the national debt line website asks simply for a copy of the credit agreement along with a full breakdown of the account including any interest or charges added. My question is does it need to be an original copy ? Or a signed copy ? I have read that if I receive a copy I need to check it is an enforceable agreement but what makes it enforceable?

Thanks in advance for any advice.

sourcrates

Hi,

That's a very far ranging question, and would take a long while to answer.

In a nutshell, they must provide a copy of the credit agreement you signed, although there is no requirement for a signiture, or an exact copy of the original, a reconstructed version is acceptable.

They can make it up from information already held by the creditor, but they can't just fabricate one.

Also different rules apply to pre April 2007 agreements.

It's a Hugh and complicated area of law, best to tell us what you receive really, and take it from there.

[Deleted User]

Movingon5464 wrote: »

My question is does it need to be an original copy ? Or a signed copy ?

That depends on when the account was opened.

For accounts opened prior to 2007, they must supply a copy of the original CCA you signed.

Post 2007, they need only supply a reconstituted copy.