Cca

Dolly_daydream

This is not for myself but for a friend. She's been paying a loan for £5000 from lloyds for a year then she lost her job etc . To cut a long story short it's been bounced around with a few debt collection agencies and now it's with Cabot. She's asked for a CCA and been told that's it's nothing to do with her as it's been to court it's between Lloyds and CABOT .
Surely she's entitled to a CCA?

sourcrates

Dolly_daydream wrote: »

This is not for myself but for a friend. She's been paying a loan for £5000 from lloyds for a year then she lost her job etc . To cut a long story short it's been bounced around with a few debt collection agencies and now it's with Cabot. She's asked for a CCA and been told that's it's nothing to do with her as it's been to court it's between Lloyds and CABOT .
Surely she's entitled to a CCA?

Hi,

They are correct unfortunately :

WHEN THE DUTY DOES NOT APPLY
4.1 Sections 77, 78 and 79 set out a limited number of situations where the duty to supply copies and statements does not apply.
• It does not apply to an agreement under which no sum is, or will or may become payable by the debtor or hirer. It will therefore not apply where the agreement has been paid off and terminated.

It will also not apply where judgment has been obtained, unless there is an interest-after-judgment clause in the agreement which the creditor or owner has not expressly waived. Where, however, the agreement has merely been terminated, but monies are or will or may be payable under it by the debtor or hirer, the FSA considers that the duty will still apply.

Basically the judgement by the court supersedes all other rights to information.

Dolly_daydream

So really then she's got no option but to agree to the county court payment plan?
Thanks for your help

sourcrates

Dolly_daydream wrote: »

So really then she's got no option but to agree to the county court payment plan?
Thanks for your help

She can apply to vary the payment, if its currently unafordable.

She should complete and return form N245 to the court with her revised offer of payment.