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I have read on another thread that the 30 days following the 12 + 2 default period is no longer a criminal offence according to the Consumer Protection From Unfair Trading Regs, Schedule 2 Amendments 2008.
It seems that no company was ever prosecuted under this rule anyway.
But what does this mean now? I know the 12 + 2 is still in force and that non compliance with this puts the company in default.
I haven't received a single Agreement from my CCA requests and it is now 38 days since they were delivered.
It is patently obvious to me that these companies don't give a toss about the 12 + 2 rule. So what do I do now?
I have read on another thread that the 30 days following the 12 + 2 default period is no longer a criminal offence according to the Consumer Protection From Unfair Trading Regs, Schedule 2 Amendments 2008.
It seems that no company was ever prosecuted under this rule anyway.
But what does this mean now? I know the 12 + 2 is still in force and that non compliance with this puts the company in default.
I haven't received a single Agreement from my CCA requests and it is now 38 days since they were delivered.
It is patently obvious to me that these companies don't give a toss about the 12 + 2 rule. So what do I do now?
Hi my own thoughts on this are treat the CCA request as before I will give the creditor 12+2 plus 30 days to comply if they don't I stop payments that way I have proved that I went way beyond the lawful requirement of the CCA regulations to allow them to comply.
I have now been advised that if there is a possibility of there being an agreement enforceable or not and mayb charges etc then proceed by using a full SAR not just one for statements and not use CCA request as this is covered by full sar
They are still in default of your request, which means they cant demand payment/continue collection activity, and you dont have to pay them, the new regs just mean they arent criminals anymore.
But having said all that, youre right, they didnt care before and they wont now, they will just carry on as normal IMHO
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
I have heard several people say that a DCA is in "DEFAULT" if they don't come up with the CCA in 12+2 days. Can someone please tell me WHAT DOES THIS MEAN??? i.e. what does it mean if they are "in default"? Default of what? does it empower us in any way?
thanks
I have heard several people say that a DCA is in "DEFAULT" if they don't come up with the CCA in 12+2 days. Can someone please tell me WHAT DOES THIS MEAN??? i.e. what does it mean if they are "in default"? Default of what? does it empower us in any way?
thanks
Ok,so you request a copy of the agreement, they either provide it or they dont,
if they do its usually their interpretation of what they think they have to provide in response to your lawful request.(this is nearly always wrong).
But you don't know if this is all they have to rely on IF it ever became a court case, so you have to read between the lines a bit.
However.
1. you have documentary evidence that you did ask for a true copy of the agreement.
2. if what they supply is not a valid agreement, you can still claim the account is in dispute.
The same applies if they supply nothing at all.
So while the issue remains in dispute, they cannot continue collection activity, they cannot demand payment,you do not have to pay them if you do not want to
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
I dont really know much about this but I recently requested a copy of my CCA and the 12 plus 2 days is up today. I have read that the law has now changed and they have not committed an offence by not providing the CCA. Is this correct?
I found a template to send after the 12 plus 2 days but not sure if it is correct. Would someone be able to let me know if it is? And if not, would anyone have a standard letter I could send to them at this point.
Its all a little confusing for me. In the meantime the Natwest are harrasing me on the phone so I am keen to get it sorted. I just dont want to be sending them letters whereby what I am stating is incorrect.
In my first letter at the time I thought they had to respond within 42 days as I didnt know it had changed and I wrote in my formal letter requesting the CCA that they have 42 days to provide it. Do you think this matters?
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974 FAILURE TO PRODUCE AGREEMENT ACCOUNT NUMBER ***
I wrote to you by Recorded Delivery (Ref **) on 1st October 2008 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque as the fee payable. This letter was delivered and signed for on 2nd October 2008.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 23rd October 2008.
I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:
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) As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.
Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a debt collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (23rd October 2008).
Data Protection Act (Data Protection Act 199
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.
yes they are in deafult. You have made a legal request and they still have to comply.
The catch is were it became a summery criminal offence after the 12 working days but after the 30 calandar days it was a full offence. Now it is just a annoyance they have not done anything.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
I have read on another thread that the 30 days following the 12 + 2 default period is no longer a criminal offence according to the Consumer Protection From Unfair Trading Regs, Schedule 2 Amendments 2008.
It seems that no company was ever prosecuted under this rule anyway.
But what does this mean now? I know the 12 + 2 is still in force and that non compliance with this puts the company in default.
I haven't received a single Agreement from my CCA requests and it is now 38 days since they were delivered.
It is patently obvious to me that these companies don't give a toss about the 12 + 2 rule. So what do I do now?
so is it or is it not an offence ? I like your letter Angel 222 but if i use this does it hold any water and does it make the CCA unenforceable ? That is the question.
No offence is commited or ever likely. Your best bet is to play the waiting game. If they demand payment send a short letter advising of their failing to supply CCA. That's all you need do. If they write again ignore them till a CCA turns up.
so is it or is it not an offence ? I like your letter Angel 222 but if i use this does it hold any water and does it make the CCA unenforceable ? That is the question.
No it is not a criminal offence.
However, if you write to them saying the account is in dispute until such time as they comply, then it is.
They may not continue with collection activity.
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
Hi, I'm puzzling over this question too, as to whether it is a criminal offence or not after 30 days and I've just posted a letter I've recently received from the OFT, which deals with this question.
Don't quite know how to make a direct link to my thread, but here goes, http://www.consumeractiongroup.co.uk...am-ouch-2.html If that doesn't work the thread is called Rockwell threatogram ouch.
I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
You can also ding my gong if you prefer.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
30 days no longer an offence under CPUTR?
Regs, Schedule 2 Amendments 2008.
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Originally Posted by hme.4x4
20/03/2008 settled in full out of court
