Cca Requests Updates Please

Bazza66

natters wrote: »

We got a great letter from capquest after requesting a CCA - they actually asked us to send them any statements and correspondence we had to help with their enquiry!

That has to go down as the best DCA request ever!!!

Straws and .....

stapeley

rog2 wrote: »

You are absolutely correct, Miss_M.

Once a 'debt' becomes Statute Barred, by virtue of either no payment by the debtor or no written acknowledgement, again by the debtor, of the debt during the prescribed 'Limitation Period' of six years (England & Wales) or five years (Scotland) then that debt will remain Statute Barred.
If a debt is 'Statute Barred' it does not mean that the debt 'disappears' - only that it is no longer 'enforceable through the Courts'.
Some debtors may choose to pay, or make a full and final settlement offer, to clear the debt, but this is entirely the decision of the debtor - they have no obligation, legal or otherwise, to make any payment towards the debt - no matter what a Debt Collection Agency may tell them.
Equally, if a debtor makes some payments towards a debt that is already Statute Barred, but then decides to stop making further payments, there is absolutely nothing that a creditor/dca can legally do to force that debtor into making any further payments.

Good news then ! Thanks ROG2

Bazza66

Posted by Fermi on another thread.

Interesting...

http://www.oft.gov.uk/news/press/2009/20-09

jessiebessie

Are my questions invisible to everyone else?????

GeorgeUK

Hi Jess

Not invisible, just overlooked. Sorry about that.

How do you know if the companies have broken the law? i:e, upped the credit limit without asking?

This is not illegal to do

What you may be referring to however is the fact that a debt may be unenforcable if the creditor does not have a true copy of the customer credit agreement (CCA)

Here are some details to look over.
http://forums.moneysavingexpert.com/showthread.html?t=578486
http://forums.moneysavingexpert.com/showthread.html?t=1496721

kel123_2

Jessie

Highering and lowering the limit is normally within the terms and conditions and usually states at their dicretion. If the card has been changed or upgraded then you should have completed a new application and therefore a new Consumer Credit Agreement.

Breaking the law as you put it is not quite correct! The Consumer Credit Agreement is a contract between the lender and the borrower. The way it is constructed is laid down within legislation i.e. Consumer Credit Act 1974 plus amendments. After 2006 ish the rules changed and comes under the 2006 act. If a lender has not followed legislation in the construction of the contract then dependant upon how they have cocked up is dependant upon the consequences. By not being able to supply an original in court or by missing or misrepresenting key information then by law a judge cannot make a ruling to pay, so if they cannot get an order to pay they are stuffed. This does not mean that the debt has disapeared it just means that they have no legal means of collecting it - but they will try. After 6 years (england, soon to be 3) without the debter acknowledging the debt, the debt becomes Statute Barred and is removed from credit reference agencies.

Hope this helps

Kel

pepe2008

Just a little link in case you are dealing with these jokers.
http://www.oft.gov.uk/news/press/2009/20-09

Remember, COMPLAIN TO THE OFT WHEN THE DCA BREAKS THE RULES!
Its FREE and ANONYMOUS and will have an effect if enough people take the time to do so.

Get the OFT Guidelines at www.oft.gov.uk

stapeley

WELL THAT IS GOOD NEWS ! i all ways thought it a waste of time complaining to OFT but will send off three complaints now!

Enlightenment

Hi All,

I've sent CCA requests to 3 of my creditors, Nationwide, Egg and Kays by recorded delivery on the 19th, Egg and Kays have not signed for delivery and Nationwide have sent me what looks like an application form, my Nationwide acc was with a DC and the DC was the company I wrote to, but Nationwide replied, anyway the 'CCA' they sent me back says;

A heading saying Key Information, bla bla, a heading saying Missing Payments bla bla, a heading saying Important-read this carefully to find out about your rights, a heading saying Theft, loss or misuse of the credit card, a box with right to cancel, my signature and date in another box, where they are supposed to sign there is no signature, then the credit card acc no and application ID and thats all there is on there.

Is this a true CCA or an application form? and do I now send them another letter? BTW the acc was opened in 2005.

Thanks

jessiebessie

Thank you all for your replies,I have a debt with a catalogue which I took on way before 2007,I also have a credit card with quite alot of debt on it, this was taken out in 1997.I do not have credit agreements for either.
I know I have to request my agreements but what happens if 1.they cannot supply one? 2. They do supply one, how do you know what to look for?
sorry for sounding a bit thick but I am just trying to get my head around this!!
Thanks in advance