Cca Requests Updates Please

stapeley

If you prove a debt is not yours then yes . However , a CCA may not be enforceable, but the debt still exists, therefore the default will remain for six years .

Yorkshire_Bred

If you receive an application form as part of your CCA request would it not cast into question their right to place a default marker on your credit file?

I know with a few of my "agreements" I have only ever given them the authority in processing my application to search my credit file.....

stapeley

I would say if you were a legal eagle there could possibly be a way . However , I would be more than happy just knowing that any debt was unenforceable , and would not worry about a bad credit report . I have no intention whats so ever of getting in the same situation again .

shabbychicfan

Hi all

I am being crippled by repayments of approx £900 on unsecured debts per month. I bring home £2.1k and £1.1k mortgage.

I am at my wits end with what to do, but have not yet defaulted on any payments, but only because I rob Peter to pay paul every month.

I am trying to decide whether to write to all my creditors with an income/expenditure form and offering pro rata payments or whether to send off cca requests first to see who can provide an enforceable one (or not) to give me more leverage to negotiate a reduced monthly payment on these accounts.

Any advice?

Many thanks

Shabby

Bazza66

Merry Christmas Shabby,

You are in the right place here.

I think you need to start a new thread and post you SOA (Statement of Affairs - there is a somewhere on the forum a template which will go through all the items you need. Post that to a thread and I'm sure someone will be along to help you.

I personally would then send your SOA to each creditor with a new payment offer - again there are templates on here to help you with that. If the creditor then doesnt want to play ball then I would (and its my opinion) then CCA them.

It looks like you are leaving yourself £100 to live on - thats just ridiculous to say the least!

I'm sure others will be along to offer their help as well.

And finally try not to worry - you have come to the right place and I'm pretty sure your New Year will be the start of things getting better for you!

shabbychicfan

Thanks Bazza, that is what I was intending to do, but am of that generation (believe it or not) that frowned on not paying your debts i.e. i got myself into it I should do everything I can tocarry on making the payments, but have got to face up to the fact that I am not able to live on what is left and am therefore increasing my debt every month! BUT the good news is that I am going to be able to take an extra £350 a month out of my business for the time being so, have prob £450 to pay for everything else other than priority debts and cc/loan repayment so my shortfall isn't so great now (only about £150 :rolleyes: ).

Am going to try upping my income and getting a lodger. Still this will take time and I am worried that I am not going to be able to meet my repayments this month without increasing the debt further, :mad:

10past6

Hello shabby

I would do CCA requests first.

If a creditor cannot supply a CCA that gives you more playing power in trying to reach an agreed payment plan, without them having to know about your current financial situation.

If you inform them first your are having financial difficulties, who knows what action they may decide to take.

Better to have then crawling to you, rather than you crawling to them.

shabbychicfan

Yes that was the other route I was initially considering 10past - am new to this cca request thing - its not that I don't want to pay, but it would be good to have a "legal" way of negotiating more affordable payments with them.

badgerbread

recieved a cca back from mbna just need to know if it is ok I have noticed in it that they have spelt my name wrong on it. I do intend to pay this debt but want to avoid the extra charges they are putting on it as these are overtaking what I am paying them so therefore the balance is increasing not reducing even though I am paying them what I can afford. could some one tell me what needs to be on the cca for a credit card agreement thanks in advance

Yorkshire_Bred

From CAG http://consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations
(If you just want to find out, skip the bits in between the stars it’s just some extra information)

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Pescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

---

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

best to post up your agreement because MBNA can be very creative in what they send out in respone to CCA requests!!