Lets All Ask For Our Cca!

stapeley

Sorry , but i think you will find, that after the time limit has expired, the debt can only become enforceable by order of a court !

tomterm8

stapeley wrote: »

Sorry , but i think you will find, that after the time limit has expired, the debt can only become enforceable by order of a court !

I'm sorry, but you are entirely incorrect on this point. The relevant sections of the Consumer credit Act are s77-79; available from statute law ( http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&Year=1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=436428&ActiveTextDocId=436524&filesize=4500 )

An example is s77, but they each have the same wording. The agreement is rendered unenforceable ONLY during the default.

Once the default is rectified, the agreement may be executed without order of the court (assuming the credit agreement is properly executed)

77.
Duty to give information to debtor under fixed-sum credit agreement.
— (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)
the total sum paid under the agreement by the debtor;

(b)
the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c)
the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.


...
(4) If the creditor under an agreement fails to comply with subsection (1)—
(a)
he is not entitled, while the default continues, to enforce the agreement; and

(b)
if the default continues for one month he commits an offence.


(5) This section does not apply to a non-commercial agreement.

stapeley

Thank you for that ! I would say that I will take my chances at court , if they don,t come up with the CCA within the time limit !

moonlightpjs

stapeley wrote: »

Sorry , but i think you will find, that after the time limit has expired, the debt can only become enforceable by order of a court !

Actually that is not true and believe me I know what i am talking about.
Please ensure that if you advising people regarding CCA requests that you give the right information as if the process is not carried out correctly then it could backfire on the person involved.

I appreciate that you are only trying to help but sending CCA requests is not always the best solution and if it is then then there is a certain way to do it.

Edit: Sorry Tomterm summed it up

stapeley

I believe I have said before that anyone doing this should check the details . Even the office of fair trading are getting things wrong ! And when will they take Action against these companies that are committing offences under the CCA ?

stapeley

I would also say, Is it not for a court to rule that a Agreement has been correctly constructed ? If you request a CCA ,its because you believe one does not exist , or that it is incorrectly constructed. If thats the case the ACT says a AGREEMENT can not be enforced . In may cases a DCA will come up with a form ,that they tell you is a copy of a true signed AGREEMENT . Should you take their word for it ??? I think not ! I myself have recieved only a copy of an APPLICATION form . I am not willing to accept this ! And if thats all they come up with , then I WILL SEE THEM IN COURT !
It is a very confusing process , made more differcult ,in many cases , by DCA,s misleading you about there powers . Debtors have been mislead into believing bailiffs would be knocking on their doors. Some have been threatened with losing their homes . Phone calls are recieved at all hours , with requests for full payment, asking if you can borrow money from family or friends etc . This is not right ! I am fighting back !

stapeley

Update . One DCA say they have returned the account back to the OC. Another only sent a copy of a APPLICATION form . The other one have not sent anything back yet !

stapeley

hi , to the mid day shift ! Just to say beware of paying any DCA by card. Seems they have been taking money out of some peoples bank accounts wrongly !

stapeley

bump bump bump

nomoneynomoney

I think I need to get my CCA fromthe DCA.

What else do I need to ask for, deed of assignment? How much do I need to send to them? Can I send a cheque even though it'll be signed or should I avoid this?
Does this 12 day rule still apply no matter where you live. Even though all my debts are UK I no longer live their so it takes longer for me to get my post?

Sorry for all the questions but it sounds really complicated and I don't want to make things worse by asking for the wrong info.

Thanks



I'll trawl through the posts to see what I need to do.