Is there any point asking for recent credit agreements?

[1stlifeline]

I am about to write off to obtain copies of the original credit agreements for our debts but am a bit confused about the 6 year period. I read on another thread that the copies ae generally held for 6 years. As ours are only three or four years old is it still worth writing or is it the case that its only usually the older agreements that cant be traced?

[Peterbard]

Hi

The creditor is obliged to keep your documents for 6 years and must produce copies of them within 40 days of a request under the Data Protection Act 1998 their is a sample request on here.

 

You cannot use a request under the cca 1974 if the account is closed and there is no money outstanding on it.

 

Best regards

PETER

[1stlifeline]

Hi Peter, Thanks for the reply. I understand about asking for the agreements but Im wondering if there is any point in doing so as I have only got into debt in the last 3 or four years. Is it going to be worth my while writing, the agreements are not over 6 years old so is it not too much of a long shot to think they wont be able to find them?

[shane5408]

Hi Peter, Thanks for the reply. I understand about asking for the agreements but Im wondering if there is any point in doing so as I have only got into debt in the last 3 or four years. Is it going to be worth my while writing, the agreements are not over 6 years old so is it not too much of a long shot to think they wont be able to find them?

 

Hi,

 

Keep in mind that even if they do provide an agreement it must be deemed enforcable, there are several reasons why it may not be so which is why it's always worth finding out. When/If you get a response post up copies of the alleged agreement and we can advise if it is compliant, if it isn;t it puts you in a strong position to offer perhaps a reduced full & final settlement.

 

regards,

shane

 

 

_________________________ _______________

All advice is offered freely & without prejudice

 

If my post has been useful to you please click the scales

[Weird Al Yankovic]

Morgan Stanley couldn't produce an agreement just 8 months after opening an account with them and they haven't bothered me for the last 4 months either.

 

This has obviously been in the last year or so.

[1stlifeline]

Thank you for that advice. Will start writing now!

[bazaar]

Im also in this process, having just got letter from BCard that I didnt sign my letter to them,, it appears they are stalling, I'm not too sure whether to go for unlawful charges or try to get the debt written off somehow through CCA, does anyone have the experience of trying one way over the other?

[Peterbard]

HI Again

Yes if the account is still active use a section 77- 78 request there is a sample in the templates library.

It only costs a quid and they have to respond within 12 working days or they breach the act placing the account in default.

 

Good luck

Peter

[1stlifeline]

Does it make any difference if it is a credit card account or a loan. Is it still the same letter?

[sequenci]

Does it make any difference if it is a credit card account or a loan. Is it still the same letter?

 

yup, just ensure that the request asks for the info under sections 77-78 of the 1974 act.

[1stlifeline]

Thank you, that was quick!!

[Peterbard]

Hi

As sequenci says the request is under section 77 and 78 of the act .

77 being for fixed sum loans and 78 for running credit accounts (credit cards) so both are covered.

Best regards

peter

[B3rty]

Peter.....how about a defaulted credit card debt that was added to a current account that had a zero balance putting it past the O/D limit and concequently sold on as a current account overdraft debt?....I have CCA'd the DCA as they now own the debt but cant seem to find any reference to this type of debt and know that current accounts arn't covered by the CCA....any thoughts?

[Peterbard]

HI

 

What The cheeky B****

 

YOu need to contact the OFT (not that they will do anything but you can at least get it on record) and complain. Make a CCA request to the DCA (recorded Post) for the agreement of the credit card account tell them that the alledged debt was on the credit card account and not for the curent account, presumbly they have diferent account numbers.

Personally i would give them a couple of days then ring them to make sure they have recieved the request, they may say that they have to refer it back to the creditor if so get them to confirm this in writing.

 

As an afterthought you are sure that the credit card issued was a sepperate agreement and not a debit card using the overdraft to provide running a count credtit.

 

Overdrafts are covered by the CCA it is just that you can not use a cca 77-78 request to order an agreement copy because the bank does not have to make a sepperate agreement for the overdraft. HOwever the rest of the act can still be applied.

If you are sure that the agreement was a sepperate agreement then you need to make it clear that you will not consider making any repayments on any alledged debt untill you have had sight of a copy of the orriginal agreement.

 

Good luck and best regards

Peter

[B3rty]

Thanks Peter ..I'm not sure what the deal with the card was it may have been linked to the account, I had it for ages before I used it , I posted this up in another thread but just tp recap

 

The credit file shows this

 

First Direct Bank Bank

Started 21/3/06 Default £8407 Defaulted 21/3/06 Current Balance £8379

Status History 8

 

First Direct creditcard

Started 31/5/05 Balance £0 Settled 31/3/07 Credit Card limit £9300

Status History 00000000000

 

These details dont make sence as the start and the default date are the same on the bank account, the balance has come from the card so the settled date for the card should be the date is was transfered to the account ......

 

the debt has since been sold to Phoenix/ Marlin so I have CCAd them but need to make some sort of counter action so will need to SAR the account, however I cant SAR the card as there is no balance

 

I am a little bit stuck on this one!!

[Peterbard]

Hi

 

YOu need to get the seperate account information for both the credit card and the currentr accounts.

You can SAR the Credit card account for a copyy of the agreement it is just a cca request that you cannot use if there is nothing outstanding on the account.

Also within your SAR ask for a copy of the consent to transfer the ballance from the credit card to the Current account and see what they say.

Needless to say send the request recorded post and follow it up with a phone call a couple of days after and get the name of the person dealing with the request.

 

Best regards

Peter