Timescales for CCA request

Tiglet

I've been trying to get my head around the implications of asking for a copy of a credit agreement from a DCA.

As I understand it, they have 12 working days, +2 for post, to send it. If they reply within this time, they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

If they don't reply in time, they can send it up to 30 days late. Then they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

If they don't even do this, they can send it whenever they want. They are committing a criminal offence by not sending it but there's nothing you can do about it. Then they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

So, if I have understood this correctly, the time limits for replying to a CCA request are of little consequence to the person making the request. The DCA cannot take any further action until they have supplied the CCA but, once they do, they just carry on regardless. Even if they take so long that they are breaking the law, that does not stop them. They can even go to court and admit that they have committed a criminal offence but that doesn't stop them.

I've no particular axe to grind here - I'm just trying to understand the situation. It seems strange that they can go to court, admit to being criminals and have the court support them. Surely I've got this wrong??

OliveOyl_2

I don't the answer, but I'll give you a bump!

nomoneynomoney

Tiglet wrote: »

I've been trying to get my head around the implications of asking for a copy of a credit agreement from a DCA.

As I understand it, they have 12 working days, +2 for post, to send it. If they reply within this time, they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

If they don't reply in time, they can send it up to 30 days late. Then they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

If they don't even do this, they can send it whenever they want. They are committing a criminal offence by not sending it but there's nothing you can do about it. Then they can pursue you for the debt and if you don't pay up, they can go to court to get a CCJ.

So, if I have understood this correctly, the time limits for replying to a CCA request are of little consequence to the person making the request. The DCA cannot take any further action until they have supplied the CCA but, once they do, they just carry on regardless. Even if they take so long that they are breaking the law, that does not stop them. They can even go to court and admit that they have committed a criminal offence but that doesn't stop them.

I've no particular axe to grind here - I'm just trying to understand the situation. It seems strange that they can go to court, admit to being criminals and have the court support them. Surely I've got this wrong??

not sure maybe some one can reply who knows the answer

stapeley

No , You are correct. But if enough people complaiin to the Office of Fair Trading , something will be done . Some judges will deem you have done everything you could to get a copy of a AGREEMENT , and there have been cases where late supply of a CCA has lead to a Judge throwing a claim out .