Cca

kh1066

Is approaching lenders for CCA's something that only those who are having problems with their debts should do?

I have spent ages reading through all of the information and there is some great stuff out there. But I cant find the answers to some of my questions.

1 - If you request your CCA does that mean you are automatically in dispute.

2- If you are in dispute does that mean a default goes on your credit file

3- Can you have debts written off even if you have transffered balances between different credit cards.

If you can request a CCA and get a debt written off or just cant be enforced what is to stop you transferring all of your debts to your oldest credit card (probably most likely to succeed) by using a credit card cheque.

then trying to get that one written off.

thanks

GeorgeUK

1 - You are legally entitled to request a copy of the CCA at any time. If they cannot provide a copy after 12(+2) working days, then the debt is in dispute and unenforcable.

2- If you are in dispute, this just means that they have not proven that the debt belongs to you. They should not be putting a default on your account if they cannot prove who the debt belongs to.

3- A debt is never written off. The debt will remain, but be unenforcable without a court order. They would need to prove the debt was yours in court - usually by providing a copy of the CCA.

Just because they don't have a CCA does not mean they will not take you to court. The original creditor usually retain the CCA's, but when it is sold to a debt collection agency, the CCA is not provided as this would be kept in storage. If the credit card debt had been passed to a DCA you wouldn't get credit. There would probably also be a strong case against you for fraud.

kh1066

Thanks for the reply.

1 - Are you saying that transfering the balances to one card and then requesting a CCA with a view to finding out the agreement is unenforceable is fraud?

2 - Is it an automatic that the debt will be sold to DCA? Even if you have never missed a payment.

3 - If debts are not written off could some new piece of legislation come out in the future that will allow the lenders to enforce the contracts without the CCA's?

Broken_hearted

It can causse you problems if you want to get credit again in future with that lender or any associated with them. It is also highly likely that the banks will start taking action to change things in the near future as more people start playing this game with them.

fermi

kh1066 wrote: »

1 - Are you saying that transfering the balances to one card and then requesting a CCA with a view to finding out the agreement is unenforceable is fraud?

New card agreements from virtually all lenders will now comply with the CCA agreement regulations, and they now do now keep copies in case.

Plus, the law has changed so that any agreement taken out on or after the 6th April 2007 is enforceable through the courts even if it does not strictly comply with the CCA.

fermi wrote: »

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.

kh1066

I have been approached by some people that say debts can be written off by this method. But as I have been moving balances around cards for years felt it would be impossible.

i have had my Barclaycard for 15 years i cannot see them letting me get away with transferring a big balance there and then not paying it.

Would I be right in saying that the CCA route is no easy fix for somebody who wants to avoid their debts. Especaiily if things could change in the future and make them enforceable again.

skylight

Avoid companies who claim they can get these written off. Its either an IVA they sell you, or just a CCA letter - of which they charge you stupid money to do.

And no, it is not an easy route for anyone who wants to avoid their debts. Avoiding them is not the best thing to do, it usually comes back and bites you on the bottom!

kh1066

Well there are a lot of people trying to make money out there telling everybody they can walk away from their debts without any come back. so its good to hear its not true.

Does anybody know if the fact that somebody has useda credit card to move balances around would make it less likely thedebt can be deemed unforceable.

stapeley

In 2005 the CCA was amended , and loop holes closed . So for anyone who has transfered monies to other cards will find the new agreements enforceable . So basically old card debts pre 2006 ish may very well be unenforceable .