CCA request - is it 12 working days or 12 calendar days?

[hackers0ns]

I have sent off a CCA request to the SLC - I thought I'd start counting days from 2 days after I posted in first class recorded delivery (which is today).

But what I need to know is... do I give them 12 working days or 12 calendar days to comply?

And if after the 12 days are up and they have not complied, or there's something wrong with the stuff they've sent - what do I do then?

[dpick]

Originally Posted by hackers0ns

I have sent off a CCA request to the SLC - I thought I'd start counting days from 2 days after I posted in first class recorded delivery (which is today).

But what I need to know is... do I give them 12 working days or 12 calendar days to comply?

And if after the 12 days are up and they have not complied, or there's something wrong with the stuff they've sent - what do I do then?

Hi the time scale for CCA is 12 + 2 working days if nothing received or they have sent something that does not comply they they are in default and cannot enforce the debt until they comply. After a further 30 days (calender month) they have then committed an offence. If they do send you an "agreement" then post it up on your thread and the experts will have a look at it.

all the best dpick

[tobciocc]

I posted mine off 'Recorded' on the 3rd September and I'm still waiting, if they don't respond and they go over the Calender month what are the consequences?? Anybody know??

[pt2537]

its a criminal offence and its up to Trading Standard to take enforcement action .

have you confirmed that they have indeed recieved your CCA request?

[Thepower]

Originally Posted by tobciocc

I posted mine off 'Recorded' on the 3rd September and I'm still waiting, if they don't respond and they go over the Calender month what are the consequences?? Anybody know??

A level 2 fine which is £3K

[tobciocc]

Well I've just checked on the post Office website and my request was signed for on 4th September. Maybe they can't find it. Recently they imposed a repayment plan on me warning me of the usual consequences if I didn't pay. However I did receive my deferment forms last friday.

[tobciocc]

Well the SLC had till the 4th October before the month was up, still no CCA. I guess that means they are breaking the law then.

[hackers0ns]

Yep here too. They had until Oct 4th, and surprise surprise, no CCA.

does this mean the debt is unenforcable? Can I claim back all the money i've paid them now?

I am a full time mum with no income of my own, and yet they're still taking payments out of my bank account!! They've deferred me on one loan, but not the other - they say i didn't send it, but they were in the same envelope, and it was sent recorded delivery!!

[tobciocc]

Well I still have no CCA request back from SLC, do I need this to process my Moneyclaim form. I thought I did. Is the loan enforcable if they've lost the original document??

[pt2537]

What would you be claiming from SLC?

no CCA means the debt is unenforcable, it still exsists as a debt however the courts are precluded from issuing an enforcement order where no credit agreement can be produced.

i am not sure what grounds you would have to launch a claim,the only thing i can think of is for breaches of Data Protection Act 1998?

regards
paul

[tobciocc]

So are you saying that if they don't have the documents they cannot ask for the money back and that I have no need to try and reclaim any charges they have put on my loan? Sorry if thats an obvious question but I just need to be clear with what I'm doing.

[pt2537]

Yes,the general rule is that NO CCA = NO PAY,

Now if there are penalty charges, they are a different issue. Penalty charges for breach of contract are unlawful and have been for over 100 years. this would be best dealt with by a Subject Access Request , once you have full details of the charges then you could conciveably reclaim them, but you would need to follow proceedure and ask for hte charges back firstly from SLC

If you have cca'd the SLC and they have failed to comply then they are in default and in normal circumstances a creditor in default of a CCA request is not entitled to enforce the debt while the default exsists which would mean that you dont pay them.

however i need to check that SLC are covered by the CCA 1974 just to make sure that what i am telling you is correct

bear with me and i will get back to you

Regards
paul

[pt2537]

ok, ive been told the Old-style student loans pre sept '98 were regulated by the CCA. These were the ones you had to defer if you were not earning enough.

was your loan a pre 98 one or is it post 98?

[tobciocc]

I took 3 loans out in 1993/4/5.

[pt2537]

then from what i,m told, they are regulated by the CCA 74 and they have the 12 working days to comply, failure to comply means they enter a default situation where the debt is unenforcable until they comply with the CCA request and produce a validly executed agreement

after 12 WDs + 30 calender days pass they commit a criminal offence

[tobciocc]

Well on that basis an offence has been commited. The thing is I'm about to send my deferment forms off, should I be doing this??

[pt2537]

on the offence side of things, they commit an offence if 12 working days plus 30 calendar days pass and they have not complied with a CCA request.


i have asked someone with a little more knowledge in SLC to look in on the thread as i must admit its not my specialist area

regards
paul