CCA Request,think I've been sent my appliction?

On monday I sent a CCA request letter to network credit for a debt they are pursuing.Today I got a reply with the documents enclosed,including a copy of a bank sttement and passport,also the original application form filled in and signed by me,does this constitute a CCA?
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  • fermi
    fermi Posts: 40,546
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    Application forms are often "pre-contractual documents" rather than a valid enforceable agreement. But some application forms have in the past been valid agreements.

    So to have a first stab at working out if what you have been sent is an enforceable the guide from Peter bard is handy:
    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 Prescribed 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
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • jimm24
    jimm24 Posts: 144 Forumite
    It contains none of the above??????
  • jimm24
    jimm24 Posts: 144 Forumite
    Anyone know what I should do????????????????
  • RAS
    RAS Posts: 32,436
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    Jimm

    Can you post it up as an image on flickr or some such. It sounds at the moment like you have an application form and need weller's "this is not good enough letter", but it might not harm to check.

    if this is not a CCa after 12+2 days, you can stop paying and then send them a real boggoff letter 30 days later.
    The person who has not made a mistake, has made nothing
  • illgetthere
    illgetthere Posts: 123 Forumite
    does this work for original creditors as well as dca's?
    As Sceptic Peg predicts, House prices this week will be going up!.............................or down.
  • Gale_10
    Gale_10 Posts: 272 Forumite
    I am not the most knowledgeable person on this but if it doesnt have the right information it is not a Consumer Credit Agreement.

    If it were me, I would write to them and say this is not a Consumer Credit Agreement, my previous letter still stands, you have XXX days remaining to provide it.

    Keep it brief and do the usual things, make sure they only contact you by letter, keep all letters, I am sure you know the drill.

    HTH

    Gale

    Littlewoods £457 requested CCA 30.11.07
    As at 30/11/07!

    Successfully reclaimed charges from Barclaycard, A+L in my sights now.

    All debts interest free now!

  • jimm24
    jimm24 Posts: 144 Forumite
    I'm not advanced enough to get a copy on a computer????
    But it contains no details of my credit limit etc.
    Also was wondering when the laws for CCA's changed was it 2006 or 2007?
  • RAS
    RAS Posts: 32,436
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    Jimm

    I am going back for another post elsewhere, but before I forget, if it is an application form, then send this letter from weller711

    No Terms and Conditions- no APR = no CCA

    Suggest you send this letter

    Formal Complaint
    Letter Before Action

    Dear Sir/Madam,

    I do not acknowledge any debt to your company.

    With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to comply with request, and as such the account entered default on **DATE**.

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

    I am of the opinon that the document you sent does not meet further prescribed terms as set out in the Act, eg:

    Consumer Credit (Cancellation Notices and Copies of Documents)
    Regulations 1983 (SI 1983/1557

    2 Legibility of notices and copy documents and wording of prescribed Forms


    (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily
    distinguishable from the [background medium upon which the information is displayed].

    (2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed
    agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
    without any alteration or addition, except that--
    (a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed
    by these Regulations; and
    (b) every Form shall be completed in accordance with any footnote.

    Further more I am also of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

    As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

    Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

    The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

    * may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * may not add further interest or any charges to the account.
    * may not pass the account to a third party.
    * may not register any information in respect of the account with any credit reference agency.
    * may not issue a default notice related to the account.

    Therefore this account has become unenforceable at law.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

    I reserve the right to report your actions to any such regulatory authorities as I see fit.
    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

    I would appreciate your due diligence in this matter.

    I await your rapid response.

    Yours Faithfully
    The person who has not made a mistake, has made nothing
  • RAS
    RAS Posts: 32,436
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    Hi again

    Nicked from fermi - the law changed in 2006 but came into effect in April 2007.

    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.
    The person who has not made a mistake, has made nothing
  • jimm24
    jimm24 Posts: 144 Forumite
    To be fair they haven't pursued anything more just want me to contact them in 7 days.
    Is there a letter to say that this is not a CCA?
    I also cant believe how quick they replied????Sent monday got the reply wednesday!
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