CCA questions

Emmel

Some advice would be appreciated. Received CCA back from ACI. 1 is fine, its the single account, no issues there, have paid and reinstated payment monthly.

2nd CCA they sent is only for 1 loan, not the 2. I will attach their reply if anyone can help me make sense of this it would be appreciated. As i have said before, they have 2 loans with the same provider lumped under 1 account with them but with 2 sub accounts, I pay x a month and it is split between both these accounts. The CCA is only for 1 of these sub accounts. 

In the account summary box, the balance is for both of these accounts together.

sourcrates

What help do you need??

I did mention before they would not be able to send you any proof of this debt as they combined it into something that did not previously exist, and therefore would more than likely be unenforceable.

Are you looking for a response to send back to them?

Emmel

Help just to understand if that means 1 of the sub accounts is enforceable as they have provided a cca for 1, or if it makes both unenforceable as its under 1 reference from them. Help with a reply would be appreciated, this is my first cca request so all very new and not very knowledgeable as some on the subject.

sourcrates

When you take out a financial product, a credit card, or a loan etc, you sign a credit agreement, agreeing the terms of the contract etc etc, what you will repay, how much and when.

Sec 77 of the consumer credit act allows you to request a copy of your credit agreement for any outstanding CCA debts you have still with an outstanding balance.

Now the combined debt as said before, did not previously exist, so you will not have agreed to this debt by signing a credit agreement, so there will not be a CCA agreement for that account.

This means you could argue they have not complied with sec 77 as the financial details do not match.

I don`t know if this has ever been tested in court or not, but most advice sites agree on the basic unenforceability aspect of combined accounts.

Emmel

Would it be advisable to write to them and contest this? If so what should I actually state?

thanks

sourcrates

Emmel said:

Would it be advisable to write to them and contest this? If so what should I actually state?

thanks

I will PM you.