Under what circumstances do you do a CCA request?

sillybilly1983

I see plenty talk about CCA letters, enforceable and non enforceable. But how do I know if it's something I should get doing?

Thanks

sourcrates

Hi,

When you take out a loan or a credit card, you normally sign a credit agreement which details the transaction been made, and makes it a legally binding agreement.

These agreements are regulated by the consumer credit act, normally as long as everything goes to plan, you repay the loan, card, whatever, and everyone is happy.

Sec 77/79 of the consumer credit act, covers a creditors responsibility to provide a copy of the original credit agreement, should the debtor care to ask for one, this is one of the debtors statutory rights, the request is made in writing, along with the statutory £1 fee for processing.

If the creditor cannot comply with that request, for whatever reason, he is not entitled to enforce the agreement until such time as he can comply.

Normally all of this is as I said before, by the by, but if you are in serious debt, and your accounts have been sold on through multiple debt collectors, who have paid pennies in the pound for your old debt, this legislation can be a game changer for the debtor.

No one can ask you or force you to pay a debt that either is not yours, or that you don’t recognise, without providing evidence of your liability, it’s a fundamental basic right of the legal system, so making a request under the above sections of the act, is a way of getting them to prove they have the legal right to pursue this debt.

It can also be helpful when negotiating settlement offers if they don’t possess compliant paperwork, much sweeter deals can sometimes be agreed.