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

[pt2537]

Yes lots of people do

 

you would need complain to trading standards not the OFT as OFT does not deal with individual complaints

 

your Local council trading standards would be able to help

 

Regards

paul

[tobciocc]

But is it worth it, do they actually do anything about complaints.

 

Cheers

Toby

[pt2537]

Yes they do, however they will treat each case on its own merits.my suggestion is contact your local trading standards and discuss your case with them.

 

you wont know if you dont try

 

Regards

paul

[MARTIN3030]

Agreed.Take down originals of any paperwork you have,they will want to copy them and put them in your case file.Trading standards is free and its their job to look into cases of this nature so contact them.

[pt2537]

if your not sure who are your local TS then go to this website Trading Standards Central - Trading Standards and Consumer Protection information for the UK and enter your postcode in the top right hand corner box and it will give you the local contact details

 

From what you have told us there certainly appears that there is a case for TS to investigate.

 

Regards

 

paul

[tobciocc]

Well I received a phone call from them yesterday, firstly they said they hadn't received my deferment forms. When I told them I sent them recorded delivery they changed their story and said actually they'd received them yesterday, funny that since I sent them over two weeks ago.

 

I asked why when doing the CCA request they had only provided one from 1995 and not the two from the previous years. She said the last one amalgamated the first two into it. How can that be right when it refers only to one loan and makes absolutely no mention of loans taken out in 93 & 94. Surely they've just lost the previous two and are hoping to fob me of with this explanation. I can't see an explanation like that standing up in court, surely they have to have each signed agreement.

 

Oh and they promised to stop phoning me, wonder how long that will last.

[LyncusBee]

May I ask for some clarification here; I understand that they have 12+2 working days and after this time a further 30 calender days to comply before an offence has been comitted. My question is if no Credit Agreement is forthcoming before the 12+2 period then does that count as a defense in future court action? Further if they produce a true copy in the 30 days or even after that , say perhaps only when it gets to court, is the debt still enforcable even if they have failed to comply with a CCA request and have defaulted on that requirement in the CCA? I kind of don't see the significance of the CCA stipulating 12+2 days if they could take potentially 6 weeks to do anything or just ignore it with no concequences to future litigation being the case if all that matters is if they can produce the original to a court when requested?

[LyncusBee]

OK yet more confusion the current guidelines on the ICO website state 20 working days so long as specifics of the information are requested as given in the guidance notes.

 

So let ask if I'm understanding this correctly? :

 

pre-98 loans are subject to the Consumer Credit Act 1974 (sections 77-79) and they have 12+2 working days to comply and 30 calender days before they have commited an offence.

 

post-98 loans come under the ICO Freedom of Information Act Awareness Guidance No.11. As such they have 20 working days starting from the day after the receipt of the request (which must fulfill the notes on specifics for information requested) also when the sent cheque for £10 has cleared, which is worrying as it would give an easy way to keep stalling.

 

So is this the situation?

 

The letter I received today suggests that they may be trying to use the latter guidance for a CCA request on my 93 loan (even though they referenced a later 97 loan:rolleyes:)

 

`I have noted that you have requested copies of the credit agreements. If you require any further information please specify this in as much detail as possible to enable us to identify the information requested.'

 

Is it me or is 'Credit Agreement' and the Loan Account number in bold at the header of the request letter not specific enough!!

[scatterheart]

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

 

Does anybody happen to know whether the NHS Bursary Unit are regulated by the CCA 1974? And therefore whether I am advised to send a CCA request to them. Thank you.

[LyncusBee]

even after 12+2 WD's and 30 days it seems to me if they wish to pursue court action then they can still produce a valid Credit Agreement and without any penalty as long as they comply with disclosure in the course of litigation....

 

This is what both annoys me and I don't understand fully; what's the point of the 12+2 WD's and 30 calender days in CCA74 if they can still raise litigation and enforce the debt by presenting an original agreement to a court even if they have defaulted in their duties as specified in CCA74???

 

This is what I want clarified.. btw they are now over the 12+2 WD's from my tracked receipt through Roayal Mail and the ICO's 20 days guidelines, now its the 30 calender days counting down... but I fear they can still sit complaicent if they can produce it in court (even if they send you a copy days before they have still complied with disclosure?) and so there is no real penalty for them?

[pt2537]

even after 12+2 WD's and 30 days it seems to me if they wish to pursue court action then they can still produce a valid Credit Agreement and without any penalty as long as they comply with disclosure in the course of litigation....

 

This is what both annoys me and I don't understand fully; what's the point of the 12+2 WD's and 30 calender days in CCA74 if they can still raise litigation and enforce the debt by presenting an original agreement to a court even if they have defaulted in their duties as specified in CCA74???

 

This is what I want clarified.. btw they are now over the 12+2 WD's from my tracked receipt through Roayal Mail and the Information Commissioners Office's 20 days guidelines, now its the 30 calender days counting down... but I fear they can still sit complaicent if they can produce it in court (even if they send you a copy days before they have still complied with disclosure?) and so there is no real penalty for them?

 

there are penalties for failure to supply the agreement within the 12 working days time frames and the OFT can revoke their credit licence as well as criminal sanctions being applied by trading standards

 

the fact is that should they produce a valid agreement which is signed in the correct way they can apply to the court to have it enforced however until such time as the agreement is produced the debt would be unenforcable

 

regards

paul

[LyncusBee]

and thus they suffer no penalty for not complying within the stated time frames... and lets face it what institution, escpecially one who directly works with Government funds, have you heard of losing their credit license?

 

I mean no offense to you pesonally but currently I see no penalty to an institution who doesn't comply with requests because if they come up with the goods when they decide to take `you` to court and comply with disclosure requirements in such litigation then that's still legal

 

So for the layman like myself it reads that they can get away with ignoring statute stated time frames for responses to requests because all that matters is that they can produce the necessaties when they take one to the courts?

 

And that empowers such over a consumer in the same way that `best practicable means' defenses often favour companies over complainants through `not adversely affecting economic interests'!

[dellboy007]

hi hackersons and all the other respondees,

 

i always thought that the student loans companies are part of the Government. and u cannot challenge the Gov,t. that is very brave of you. i also have student loans 98/99/00/01 totalling of 13,500.00.

 

can you be 100% sure that the cca thing will work with SLC's as well?