Should a CCA agreement be dated and signed?

timetosortthings

I wonder if anyone can point me in the right direction.

When originally trying to sort my debt situation out in 2013/4 it was suggested that I request CCA’s from those creditors chasing me for payment, and this was the route I took in addressing the debts and as result since when much of which have been sorted in one way or another.

Now there’s an old 4k debt which must be some 10-12 years old which has today raised its head, this debt for years went through many DM companies on behalf of Lloyds with a £1 payment being the last payment made against the debt at the beginning of 2014. When at which point when doing an income and expenditure with the DM company they said they couldn’t take payment off me and would, therefore, be passing the account back to Lloyds as well as for them to provide me with the relevant CCA proof I was now asking for. As a result, the debt was passed by Lloyds to other DM companies resulting in no payments being made and no CCA received.

The debt was then sold by Lloyds to PRA Group and in late 2015 during a phone conversation with them, I informed them that I have been waiting for ages for proof of CCA and haven’t heard anything. At which point I was told the debt would be placed on an indefinite hold and I was to do nothing whilst they would do an internal CCA request.

Every year since late 2015 I have received an annual letter offering me a full and final settlement, originally starting at £400 and increasing to £3,600.

Today (32 months – nearly 3-years later) I’ve received what’s being suggested is the required CCA, but I am uncertain whether it is or not, primarily because nowhere is it dated nor is it signed, along with a request to call them to discuss further.

For a number of reasons, my current situation means that am unable to address this debt if the CCA is proven to be legally binding.

I’ve spoken with Step Change to seek guidance as to what the current situation is with what I’ve now received, raising the point the length of time it’s taken to received a CCA and even now I don’t know if it’s legally a correct document. Step Change advised that they couldn’t help and that I should instead speak with the Money Advice Service, this I did only to be told they couldn’t help and that I should, in turn, talk to the Debt Advice Foundation (which as yet I haven’t done).

I get the feeling that debt advice organisations may not be able to answer, so I thought I’d ask the question here to see if there are any similar experiences of others which may help.

Thanks

sourcrates

There is no requirement for a signature on a CCA document to make it valid.
Date. I think your clutching at straws here, if everything else is in order the omission of the date does not make it unenforceable.

What type of debt was it ?

timetosortthings

Hi Sourcrates

The debt was a loan - I'm puzzled how many repeated requests direct with Lloyds failed to produce a CCA, to the extent they even seemingly sold the loan on.

National_Debtline

Hi timetosortthings


If you make a CCA request the creditor has to provide a 'true' copy. That means the agreement should contain all the original terms & conditions, information about any changes made to the agreement and your name and address when you took out the agreement. It does not have to contain a signature or date of signature. I hope this helps.


Best wishes


Susie
@natdebtline

timetosortthings

Hi National Debtline

Could I kindly ask what's your view of the CCA I received contained no date or year to which the agreement relates to at all? Wondering how could this be enforceable without at the very least knowing or proving when the loan was taken out?. Even I couldn't say what period of time it relates to.

Guess I'm having trouble understanding why Lloyds ever sold the debt on if they felt things were in order

Thanks

[Deleted User]

timetosortthings wrote: »

Guess I'm having trouble understanding why Lloyds ever sold the debt on if they felt things were in order

It sounds as if you weren't paying it off very quickly, so they cut their losses.

-taff

Click on 'what information should I receive' to see what should be on the CCA. Looks like they've complied, finally, with your request.

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx


This doesn't nullify your debt, and it won't be statute barred for another 2 years.


If you weren't paying your debt to them, then they would have employed another firm to chase it.

Edited - I see they've sold it to PRA who have provided the CCA. Check whether the information in it complies with what is in the link above.