Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
remember "There are no stupid question only stupid people" - South Park.
OK so on to the question.
CCA governs how credit agreements are enforced and your rights.
If a DCA or creditor cannot produce your signed, excuted agreement then under CCA 74 they cannot enforce the agreement. Basically it doesn't exist any longer. Saying that it doesn't void the debt, just means that they can't collect on it without a court order.
One of the main reasons to CCA a DCA is to prove that they have the ability to collect moneys on an alledged debt.
You are making them validate the debt and their rights to it.
Now some DCA's try and wriggle out of supplying as they say they aren't the original creditor.
Well, tough, they have to supply the agreement, or copy there of, under section 189 of CCA 74.
In order for the debt to be enforceable there needs to be a consumer credit agreement between you and the creditor. The creditor must keep a copy of this. If the creditor does not he can not prove the debt i.e. that you owe the sum of money the DCA is claiming you do.
If the debt can not be proved it is unenforceable (they can not lawfully demand money or take court action against you).
If you send a DCA or creditor a CCA request they have 12 working days from receiving the request to supply you with it. If they do not supply it they have defaulted and you can withhold payment until they produce it.
If after another 30 calender days they have still not provided the copy of the agreement they have committed a summary criminal offence.
Even if the DCA produce a copy of the agreement it has to conform to The Consumer Credit Act 1974. Most credit agreements do not so are unenforceable.
my 'debt' is with Nationwide, i have already paid over £960 of charges which i am currently trying to claim back. The bit that the DCA is involved in is a balance for charges applied to my account after I had stopped using it and which I refused to pay. It consists of nothing but charges and they have registered a default on my credit file for going into unauthorised overdraft (never had a proper od). The dca is really stressing me out, I have emailed, written to and phoned them telling them the account is in dispute and I am dealing with nwide directly. I asked them to stop contacting me or if they did then to only contact me in writing. So far they have sent me a letter saying I have 72 hours notice before they commence court action, 2 messages left on home phone asking me to call them and a TEXT message (i never gave them my number). They are clearly ignoring me but I am getting a bit scared now. The letters I have had are horrible and say things like to ask my self whether i could be made bankrupt, go to prison etc! They are just plain nasty:?
A couple of points to note they can not make you bankrupt for a disputed debt. A bankruptcy petition would cost them £600 and they would lose as the debt is disputed. Long gone are the days when you could be sent to prison for having debts - they do not appear to know what century we are living in.
thanks again, will definately report them for harrassment because thats what it is, I still have copies of the letter and the email I sent saying the account was in dispute and to stop hassling me! I have ignored both the home phone messages and the text message asking me to ring them as I think this is a way to start threatening me even more!
I said that I was currently trying to get charges back and they said fair enough but we will take you to court anyway because we have the right
In your complaint to the OFT I would ask them if they see this as behaviour of someone fit to hold a consumer credit license. The OFT issue CCL's and can also take them away.
really stupid question
's?
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Re: really stupid question
Re: really stupid question
Originally Posted by diskmandave
