CCA - what does this mean?

alwayshappy_3

Hi

I have recently sent 2 requests for CCA's for two debts, one which i am currently paying and one i have not paid for years and had forgotten about!

The one I am paying (Thames - CC debt) sent a reply basically saying "We are not the original creditor and do not need to supply CCA, but as a matter of good practice we will try and get it from Barclaycard. Your liability is now to us in respect of repaying the debt. If we receive a copy of the CCA we will send it to you, if we dont receive it we still have the right to continue to request payment from you" what does this mean? and should I still be paying as a payment is due next week?

The other one (Scotcall - Tessera HBOS(loan)) they replied "contact has been made with our client and i advise that we are unable to obtain a copy of the agreement. We have returned the account to our client who will be in contact with you" What does this mean??

Many thanks in advance

fermi

alwayshappy wrote: »

If we receive a copy of the CCA we will send it to you, if we dont receive it we still have the right to continue to request payment from you" what does this mean? and should I still be paying as a payment is due next week?

It means that Thames are lying through their teeth.

If 12 working days have passed since they received the request, then they are in default of the request and are no longer entitled to enforce the agreement until they supply it.

alwayshappy wrote: »

The other one (Scotcall - Tessera HBOS(loan)) they replied "contact has been made with our client and i advise that we are unable to obtain a copy of the agreement. We have returned the account to our client who will be in contact with you" What does this mean??

That means that they at least have the brains to admit defeat because they can't supply a copy of the agreement.

alwayshappy_3

Thanks for the reply - So do I not need to carry on making payments to Thames until they supply it? Will i need to send another letter?

Scotcall - It says i will be hearing from the "client" i presume that is tessera what do i do when they make contact? Do I ask them to supply CCA even though Scotcall said they dont have it??

RichyRich

If Thames are lying to get money, is that not obtaining pecuniary advantage by deception (i.e. fraud) or at the very least an offence under the Administration of Justice Act? CCCS are very good at this type of thing.

fermi

I don't know about fraud, but they are certainly trying to deceive you.

If they are acting on behalf of Barclaycard then they have the duty to pass the request to them and obtain the copy of the agreement.

The CCA1974 states:

Duty to give information to debtor under running-account credit agreement.

78. — (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.

s77-79 refer to the "creditor", this term is defined in s189.

“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

So if Thames have bought the debt, then they are the creditor and have inherited the original creditors duties under the CCA1974.

That they didn't ask Barclaycard to supply a copy of the agreement when they bought the debt is their own silly fault.

fermi

alwayshappy wrote: »

Thanks for the reply - So do I not need to carry on making payments to Thames until they supply it? Will i need to send another letter?

Scotcall - It says i will be hearing from the "client" i presume that is tessera what do i do when they make contact? Do I ask them to supply CCA even though Scotcall said they dont have it??

With Thames it is up to you to decide whether you continue paying or not. If you stop and Thames later manage to get hold of a valid agreement then you would have to come to some arrangement with them again.

With tessera, you will have to see what their response is. They have had your CCA request passed on to them and you have a letter to show that. So they are bound to provide it, or even they are not entitled to enforce it. But if they start denying things it may just be quicker to CCA them again directly so there is no argument.

If you want then you can give National Debtline a call free on Tel: 0808 808 4000. They are familiar with all this and have professional advisors.

They wrote this factsheet:

Link: Getting a copy of your credit agreement and account details

EDIT: Actually, if you are not 100% confident with regard what to do and how to respond, then I would give them a call anyway so that you can discuss all the issues with a professional debt advisor.

For your own peace of mind that would be a good thing.

stapeley

I would say its fairly good news , well done . You may still get letters and calls asking for payment , but check with N D as femmi says . Also if you start getting phone calls , do not talk to them , write and imform them that you will only respond by letter . What was the alledged debts ?

alwayshappy_3

stapeley wrote: »

I would say its fairly good news , well done . You may still get letters and calls asking for payment , but check with N D as femmi says . Also if you start getting phone calls , do not talk to them , write and imform them that you will only respond by letter . What was the alledged debts ?

Hi

To be honest I have sent 6 letters!!! shameful I know:o

I have had 4 replies saying they dont need to provide them but they will request them as "goodwill" and one saying they are no longer dealing with it. the 6th one is Logic Group and they havent replied as yet!

Two of the debts are credit card debts and the others were loans and they are all approx 6 - 9 years old.