CCA Request – advice needed

laccal

fermi wrote: »

I was reading something similar on another site a couple of weeks ago.

However, if that OP was using the CCA request to check whether the creditor/DCA was legally entitled to enforce the debt through the courts with a mind to discouraging that action and making them play fairer regards accepting the DMP payments, then they didn't have and problem with that as long as you continued the DMP.

Thats my plan. i will still be paying them via payplan... just do not want to get the ccj and risk of charging order and annoyed that they are trying to get an extra 200 quid a month by scaring me into it

Arwen

shinyhead wrote: »

Hi laccal,
If a DCA starts getting heavy then definitely ask for a copy of the CCA. I think sometimes that it's the reason why some accounts get sold to them because they are legally unenforceable. Won't stop them trying it on though.

Sorry I don't have a link but look up the National Debtline website and you'll see a section called sample letters. Thre's one there that you simply have to fill in some info then print off. Don't forget DO NOT sign it-just put your name at the bottom. Send it recorded delivery.

Are you sure a CCJ wll jeopardise your job?

Nope sorry-Th CCA changed in April 2007.Debts are no longer automatically unenforcable just because there is no signed CCA.The OP has been paying the debt,so a judge will take that into account. HOWEVER the fact that they have been paying the debt and the DCA is chancing their arm will also be taken into account,so a judge would be unlikely to immediately grant a CO.

laccal

Arwen wrote: »

Nope sorry-Th CCA changed in April 2007.Debts are no longer automatically unenforcable just because there is no signed CCA.The OP has been paying the debt,so a judge will take that into account. HOWEVER the fact that they have been paying the debt and the DCA is chancing their arm will also be taken into account,so a judge would be unlikely to immediately grant a CO.

i took this card out in about 2000. i appreciate the cca may have changed but it seems all the legal experts on these forums are stating cases etc and say that the cca is required.............. now i am confused.
i presume my arguement is i did not take the card with Marlin but with sainsbury so something needs to be seen (again i presume)

shinyhead

I understood that the changes to the act in 2007 were not back datable. So if you took out one prior to that thenits still governed by the old rules.

laccal

shinyhead wrote: »

I understood that the changes to the act in 2007 were not back datable. So if you took out one prior to that thenits still governed by the old rules.

phew................... thats how i see it

fermi

shinyhead wrote: »

I understood that the changes to the act in 2007 were not back datable. So if you took out one prior to that thenits still governed by the old rules.

They are most definitely not.

Section 127(3) of the Consumer Credit Act 1974 makes any agreement that is not signed by the debtor or contains all the "prescribed terms" unenforcible, even in court.

Section 15 of the Consumer Credit Act 2006 repeals this.

However, this is not retrospective.

Schedule 3 of the 2006 Act explicitly states:

11
The repeal by this Act of—

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of section 127 of the 1974 Act,

(b) subsections (3) to (5) of that section, and

(c) the words “or 127(3)” in subsection (3) of section 185 of that Act,

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

Section 15 of the 2006 Act (and therefore repeal of s127(3) of the 1974 act) came into force on 6th April 2007 under the "The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007".

So Section 127(3) of the 1974 Act ceases to be applicable to any agreement made on or after this date.

Agreements made before this date are still covered by s127(3) of the 1974 Act.

Sorry that is complicated, but it is a point that is perfectly clear in law.

kel123_2

Fermi is 100% correct

kel123_2

Arwen

If some newbe sees your post It may make them make decisions that will cost them dearly. Please edit it or atleast put a rider on the bottom saying this is disputed

kel

kel123_2

I'm with Payplan and they have accepted to suspend 5 of my accounts until further notice. No problems, I explained what I was doing and they pointed out the pitfalls - they understood my reasoning that if HBOS (2 accounts) continued to add interest and charges i would be about 92 and celebrating in my bath chair at being debt free or even dead. Funny thing is she had a good laugh:(

fermi

kel123 wrote: »

I'm with Payplan and they have accepted to suspend 5 of my accounts until further notice. No problems, I explained what I was doing and they pointed out the pitfalls - they understood my reasoning that if HBOS (2 accounts) continued to add interest and charges i would be about 92 and celebrating in my bath chair at being debt free or even dead. Funny thing is she had a good laugh:(

That's interesting.

With reference to my post earlier, I really can't remember if that person was with Payplan or CCCS.

While they are both obviously professional and dedicated organisations, in quite a few matters their position or advice can depend on the advisor you talk to. I suppose that is the same everywhere though.