Idem confuse me

Lz?Kithra

I just had a reply. It said that they agree that all they sent me was a copy of the application form. And, that they do not have a copy of the CCA but are asking the original lender to provide it. They add that until that time if cannot be enforced. They also say that they will still pursue the debt and will not release me from the obligation, plus that I am free to take whatever action I feel is appropriate. Thus, I will give them another 3 months to find the original agreement and if they haven't I will write saying that I shall stop paying until such time as it is provided - if it ever is.

Lz?Kithra

I have just received a reply. It included a copy of the original application form and a print out of some of the payments made. Idem added that they had spoken to their Customer services department who confirmed that "the document issued does in fact constitute as the Consumer Credit Agreement for the account."


They say in a separate letter attached to the one I had today that they had "received a copy of the credit agreement." They add that "in compliance with your request pursuant to Section 77 of the Consumer Credit Act 1974, we enclose a copy of the executed agreement, copy of the terms and conditions and a statement of account" However, no copy of the terms and conditions has been sent to me.



I began to repay this debt in 2004, so my question is that given the age of the debt, and my CCA request, to be in compliance they should also send me a copy of the terms and conditions. Without a copy of those as well can they still make me pay?

sourcrates

Lz?Kithra wrote: »

I have just received a reply. It included a copy of the original application form and a print out of some of the payments made. Idem added that they had spoken to their Customer services department who confirmed that "the document issued does in fact constitute as the Consumer Credit Agreement for the account."


They say in a separate letter attached to the one I had today that they had "received a copy of the credit agreement." They add that "in compliance with your request pursuant to Section 77 of the Consumer Credit Act 1974, we enclose a copy of the executed agreement, copy of the terms and conditions and a statement of account" However, no copy of the terms and conditions has been sent to me.



I began to repay this debt in 2004, so my question is that given the age of the debt, and my CCA request, to be in compliance they should also send me a copy of the terms and conditions. Without a copy of those as well can they still make me pay?

As i said before, no prescribed terms renders tbe account irredeemably unenforceable.

That alone makes it non compliant, regardless of any other issues.

Lz?Kithra

Thank you. I'll send the letter I just composed and see what they write back.

Lz?Kithra

I thought I'd posted a copy of my reply to them but it hasn't appeared here. So this is what I worte:


[FONT=&quot]"WITHOUT PREJUDICE[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your letter dated 1st June which I received today, together with the enclosures. However, what I have not received in relation to the above account is a copy of the terms and conditions. I understand that where debts prior to 2007 are concerned, which this one is, to be in compliance with my CCA request, you also need to send these to me.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I would also add that the original application form does not constitute a credit agreement, so does not comply with Section 77/79 of the Consumer Credit Act 1974.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Therefore, I will await receipt of them before I reinstate any payments."[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Then I'll see what they say to that and hope it won't have any detrimental affect on the situation.
[/FONT]

sourcrates

Your case rests on sec 127(3) now repealed. Consumer credit act 1974. But which applies to your agreement.

Look it up.

Lz?Kithra

Thank you once more. A very interesting case that I'd actually forgotten I'd read about previously. I'll look it up again and bookmark the link. Sorry to have forgotten it, too many senior moments these days, the downside of being an OAP, LOL.

CATNAP

Hello,

I have requested from IDEM my CCA, initially they said they could not find it, so i stopped making payments, they have since sent me an application for the cards i took out, dated 1993 with my signature on it, and what appears to be a generic copy of a CCA listing terms and conditions, however it has a newer address on this(not the one at time of application) and it states term such as a £12 charge if i go over my credit limit, which i did do in the past but was actually charged £25/£35 ( i belive the lower charge of £12 came in around 2006) therefore what i really want to know is this classed as a valid CCA or are they trying it on?