CCA Requests: Now or on Default?

NoTB

Hello,

When would you recommend sending CCA requests to creditors - just now (i.e. a few payments down) or upon default of the account and it is passed to a DCA?

Also, I can't find a recent answer but is there a time limit on when a creditor has to provide a CCA upon your request or is it the simple thing that the debt is unenforceable until they do?

Only reason I ask is that I have asked Amex for a copy of my CCA to which they have failed to respond on three occasions however their goons at Brachers LLP continue to threaten me with me further legal action unless I make payments.

I read that overdrafts are not included in CCA requests, is this true therefore no point in requesting one for an o/d facility?

Many thanks!

sourcrates

Hi,

You can make the request anytime you like, best to just do it once though, as non compliance has repercussions for the creditor.

The consumer credit act allows 14 days for compliance, but in reality it can take much longer, especially if an account has been sold on, but the good news is non compliance with a CCA request means the debt is unenforceable until they do respond.

Certain overdraft products are covered by CCA, it depends on when your OD was approved, legal advice is needed on that one, legal beagles is your best bet.

Just_Di

NoTB wrote: »

I have asked Amex for a copy of my CCA to which they have failed to respond on three occasions however their goons at Brachers LLP continue to threaten me with me further legal action unless I make payments.

Have you received a Letter Before Claim from Brachers LLP? If so you need to take this situation seriously.

In the past Brachers had a reputation for issuing Statutory Demands (the precursor to a Bankruptcy petition) for Amex debts.

This forum has advised you to seek advice from another internet forum so I will take a step back to avoid conflicting advice.

American Express offered various products including 'dual' cards which has the potential to trip them up legally speaking - was your account one of these?

Di

Just_Di

NoTB wrote: »

I read that overdrafts are not included in CCA requests, is this true therefore no point in requesting one for an o/d facility

Was the overdraft in question renewed on an annual basis since 2012?

If so then s 78 CCA may be applicable.

Di

NoTB

Just_Di wrote: »

Have you received a Letter Before Claim from Brachers LLP? If so you need to take this situation seriously.

In the past Brachers had a reputation for issuing Statutory Demands (the precursor to a Bankruptcy petition) for Amex debts.

This forum has advised you to seek advice from another internet forum so I will take a step back to avoid conflicting advice.

American Express offered various products including 'dual' cards which has the potential to trip them up legally speaking - was your account one of these?

Di

Hi Di,

No, I have not.

In fact, I have not even defaulted with Amex. They wanted to conduct a Financial Review on me to which I duly responded to and sent them bank statements and wage slips. They also wanted to contact my employer plus for me to give authority to contact my bank and ask for the turnover of my account/s including savings. I wasn't the most happiest about as I didn't want a creditor phoning my employer which could have resulted in embarrassment or unwanted questions.

About six weeks later and two above-minimum-payments made, I receive a letter informing me that the account has been 'terminated', card will no longer work - effective immediately - and that Brachers LLP will take control of the collection of the debt. When I contacted Amex as to why, they said it was the result of the outcome of the Financial Review. I queried this as both my wage slips and bank statements evidenced the stated salary I input for my Amex card.
No missed payments on my credit file and no default marker however due to the nature of the letters from Brachers I have agreed to pay them a flat fee of X per month for the next 12 months which will clear ~95% of the balance. Due to the wording of their letters and things I've read online, I've continued to prioritise these payments (albeit maybe naively?).

I have read they are notorious for issuing these demands however they (currently) seem to be happy with a 12 month instalment plan.

No, I believe they were just the Everyday Platinum Cashback Credit Card and the Gold Rewards Card - the Platinum CC is the one I'm now having issues with. Gold Rewards was closed in full before it went to Brachers.

Just_Di wrote: »

Was the overdraft in question renewed on an annual basis since 2012?

If so then s 78 CCA may be applicable.

Di

The overdraft was opened after September 2012, the exact date I do not know. In terms of it being renewed annually, I believe so? Six years later and I still have it - never had it decreased so I presume so..

Just_Di

sourcrates wrote: »

Certain overdraft products are covered by CCA, it depends on when your OD was approved, legal advice is needed on that one, legal beagles is your best bet.

Or maybe ask me

It's not dependant on when the overdraft was approved, it's dependant on when/whether (or not) the overdraft has been renewed annually by the bank since 2012 regardless of when the current account was opened or when the overdraft agreement was set up.

Di

sourcrates

Just_Di wrote: »

Or maybe ask me

It's not dependant on when the overdraft was approved, it's dependant on when/whether (or not) the overdraft has been renewed annually by the bank since 2012.

Di

I know, I know, it’s been a long day lol x

That was what I meant! Oh stop it lol

Just_Di

sourcrates wrote: »

I know, I know, it’s been a long day lol x

Sorry if I sounded snappy, but I'm passionate about my job.

Di

NoTB

Just_Di wrote: »

Or maybe ask me

It's not dependant on when the overdraft was approved, it's dependant on when/whether (or not) the overdraft has been renewed annually by the bank since 2012 regardless of when the current account was opened or when the overdraft agreement was set up.

Di

This particular current account was opened 2010.
Overdraft facility was opened 2012/2013. I remember when setting it up (in branch) the advisor told me the limit would be subject to an annual review and at which time they could demand it be repaid in full or the limit amended (up or down - in my case it was doubled).

The O/D is with Bank of Scotland and I have a loan and credit card with them as well and was sending CCA request's for these so have just popped another letter in the post box for the Overdraft along with another £1 postal order. Will update upon their reply.

NoTB

** for me to keep track/ document progress - will update this post**

CCA requests sent:

Credit Resource Solutions (Creation Consumer Finance) 12th November
- Received reply advising not to make any additional payments until they can obtain CCA (16th Nov). No further correspondence since.

Bank of Scotland Overdraft Facility 9th December
- N/A

Bank of Scotland Loan 9th December
- N/A

Bank of Scotland Credit Card 9th December
- N/A

MBNA 9th December
- N/A

Barclaycard 9th December
- N/A

Ikano Bank 9th December
- N/A

Amex / Brachers LLP 2nd November, 29th November & 9th December
- N/A (despite previous requests have sent another, final request with proof of previous letters sent, signed for recorded delivery plus a further £3 in postal orders)