Julie67; may I ask once an account has been put on hold did you stop making payments to it?
I have four accounts that still show on my credit file and I'm most wary about those ones as I don't want them to start looking bad again. If the debt is uneforceable can they still negatively mark my credit report?
Thank you for your reassurance that your creditors accpeted you going self-managed - they're the stories I need to hear right now!

Yes they can still report on your credit file.

You have to decide which is of the most benefit to you, not having to pay the debt, or your credit file staying clean.

allthehelpicanget yes I did. Some are on my credit file and some are not but I will never get credit again and never need to apply for a mortgage so it really doesn't matter to me. But as Sourcrates said it's up to you to decide what's most important.

I have CCA'd a Tesco Credit Card account taken out in 2006, which is currently with Robinson Way on my DMP. I wrote to them 6 weeks ago and they replied a week after saying they would make the necessary enquiries and let me know the outcome. Robinson Way also stated that in the meantime they would stop all collection activity on the account. However as my DMP is paid through Stepchange I have not stopped the payment to them.

As it is now been 6 weeks would Tesco/Robinson Way failed to have complied as they have not supplied anything within 12 working days other than that they would look into it?

The 12 working days the CCA allows, are really just guidelines.

In reality, when a debt purchaser/DCA has to go back to the original creditor for paperwork, it can take months to find it.

Until they do the debt is unenforceable in court, if after 8 weeks nothing shows up, send a reminder.

Had a response from Capital One - they sent a reconstituted agreement and after looking at advice from another website, it looks as though all the prescribed terms are there. Also, this debt was still with Capital One so looks enforceable.

No further news from the others yet.

Can I ask was their or is their a template I can use when requesting these and does the CCA also relate to catalogue loans as well as credit cards and loans, TIA

CCA applies to any consumer credit debt that is a running credit agreement.

That includes loans/catalogues/credit cards etc.

It does not include old bank account overdrafts or mobile phone contracts.

A properly formatted sec 77/79 request must be made in writing, using the national debt line template letter, and it must be accompanied by the statutory payment of £1.

Letter available here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

Can you simply enclose a £1 coin as I don't have a cheque book?

No, get a postal order, it will be £1.50 in total.

I know this may be a very stupid q but what is a postal order and how do I arrange one?

You buy them from the post office and then fill in the details of who you want to pay.

Responses so far to CCA requests

HFC - no response
Idem - M and S Card - sent docs - at first glance might be not enforceable as no card limit quoted - need to get advice
PRA - old Egg Cards - they are requesting info - they returned POs for both
Capquest - old Opus card - they are awaiting docs
Idem - MBNA - could be unenforceable as they advise that they cannot supply copy of Agreement - have 2 debts with them and both say the same thing and they are the largest debts so fingers crossed
Wescott - returned my PO asking me to redirect to original client - Mint
PRA - Halifax card - they are awaiting docs.
Robinson Way - Tesco card - they are awaiting docs
Link -old Co Op card - they have sent docs - need them to be looked at to see if enforceable
Lloyds x 3 - still with them - have sent back recon version of original agreement - nothing signed by us or no application form so will need to get these checked
Capital One - still with them - looks enforceable but will get checked
RMA - ex Amex - sent docs an inch thick back - no signature of mine - will need to get checked

Lots of agreement checking to get done but also hopefully some unenforceable ones.

I will now be writing back to the ones that sent back docs advising them that I will not be paying them anything for another 3 months or so due to financial circumstances - perfectly true.

Hi all,

I've had a couple of application forms returned to me as a response to my CCA requests. They do not comply as they are missing the required terms. I was thinking of responding along the lines of (below) and would appreciate your opinion. I feel I need to respond to let them know that what they send is UE before I cease making payments.

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974 and my request remains outstanding.

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices that were signed by both your company (or client) and myself, as defined in s.61(1) of the C.C.A(1974), 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. In addition, a full statement of this account should have been sent to me detailing all debits and credits to the account.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a !!!8216;true copy!!!8217; and do not comply with current CCA legislation. Without the correct terms and conditions that accompanied this account I am unable to adjudge my position effectively. For this to occur I would require a "true copy" of the actual agreement and linked Terms and Conditions that apparently exists and I, therefore, appeal to you to fulfill my request.

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.

I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents if they exist. If not, then you must confirm this to me.

I would advise that I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account.

I look forward to hearing from you in due course.

I welcome your thoughts and suggestions!

How old is your account ? only pre-April 2007 agreements need the prescribed terms to be included.

Also a reconstituted version is acceptable for any age agreement, and there is no requirement for a signature on the document either.

The letter you are quoting above is quite old, a more up to date version is available from the National Debtline website.

Both accounts are pre-2007 (1996 and 2001 I believe from memory). I'll have a look on the NDL website - have had a good look round but must have missed that... Thanks

I can still only find the original template for the CCA request on the NDL website - not a follow up for the debt being UE?

Edited version :

Thank you for your recent letter, the contents of which have been noted.
I appreciate your quick response to my original letter. However, the reply does not fulfill your requirements under the Consumer Credit Act 1974 and my request remains outstanding.

The document that you are obliged to send me is a true copy (or reconstituted version) of the executed agreement that contains the prescribed terms, all other required terms and statutory notices that were signed by both your company (or client) and myself, as defined in s.61(1) of the C.C.A(1974), 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. In addition, a full statement of this account should have been sent to me detailing all debits and credits to the account.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a !!!8216;true copy!!!8217; and do not comply with current CCA legislation. Without the correct terms and conditions that accompanied this account I am unable to adjudge my position effectively. For this to occur I would require a "true copy" of the actual agreement and linked Terms and Conditions that apparently exists and I, therefore, appeal to you to fulfill my request.

I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents if they exist. If not, then you must confirm this to me.

I would advise that I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account.

I look forward to hearing from you in due course.

Thank you SourCrates! Wonder what reaction I'll get to my response...

Well hopefully they will admit they are deficient, but dont be at all surprised if they ignore you completely.