CCA request

kendodebthelp

Hi everyone,

I posted a few months back regarding making full and final settlement offers on some of my debts and received the advice from members here to send CCA requests to my creditors first to check whether the debts are actually enforceable.

I’ve now had a couple of replies back. The responses mostly included statements from around the time the accounts went into default rather than from when the accounts were originally opened. The letters also say that they consider the accounts to be enforceable and that they can provide statements and the agreement.

I’m just a bit unsure what they actually need to be able to provide for the debt to be enforceable. From what I’ve read, I thought they would need to be able to produce the original agreement (or at least a copy of it) from when the account was first opened, showing my details and the prescribed terms.

Is that correct, or are statements and a general agreement enough for them to say the debt is enforceable?

Any help or clarification would be really appreciated.

Rob5342

They need to produce the original agreement or a reconstituted copy of it. Read what they say very carefully as they often word things to try and mislead people and make them think it's enforceable when it's not. They have to actually produce it and not just set they can.

https://debtcamel.co.uk/ask-cca-agreement-for-debt/

sourcrates

Consumer Credit Act request under sections 77, 78 and 79

You should be sent a ‘true copy’ of your agreement that is easy to read and a statement of your account signed by your creditor. The ‘true copy’ must contain all the terms and conditions from your original agreement, information about any changes made to the agreement and your name and address at the time that you took out the agreement. It does not have to include a signature box, signature or the date of signature from your original agreement.

The statement of account should be signed by the creditor and tell you:

• how much you have paid (if you borrowed a fixed amount);
• how much you still owe; and
• what you still have to pay and when.

That is all they have to provide under the above sections of the consumer credit act, pretty basic stuff really.