CCA LETTER 12+2+30 any help Please

time_r_hard

Q. What letter do I send after12+2+ 30 days?

Q. Is it then unenforceable for good?

Q. Even if it is passed to another DCA?

Q. What to do if it pops up again after
months have past
Q. Can the account then be closed?

GeorgeUK

Can you provide some background details?
After 12+2 working days, if they haven't provided a valid CCA then they cannot legally pursue you for payment. After a further 30 days the debt is unenforcable and the DCA has committed a criminal offence.

If they produce the CCA after this period however, the debt becomes enforcable again which is why we suggest you report them to trading standards. This sometimes means a fine for the company and they are less likely to pass the debt on to another DCA.

If a debt is unenforcable, it still exists as a debt. It should eventually become statute barred after 5/6 years (from the date you last made a payment towards the debt or acknowledged the debt in writing)

Also, many DCA's don't have a VALID copy of the CCA and instead try to send an application form insisting that this proves the debt as yours. This is wrong - it needs to be a valid CCA they send.

Here is a letter that Weller has posted.

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

EdIt: NOTE - not all debts fall under the CCA74 so please ensure that you provide as much detail as is required. If it is regarding a loan or CreditCard before April 2007, then these DO fall under the protection of the CCA74.

shinyhead

Hi Guys,

Look up the thread titled 'CCA Requests Update Please' which is currently sitting on the first page. If you scroll through the posts I think you'll find the answers you want without having to repeat them here.:j

George, look at this thread as I think you might find that some application forms are indeed enforceable. Take a look at some posts by fermi.