Pretend CCA

[cheesepie]

Hi,

I've read several threads now that say people have been sent blank letters etc.. instead of the actual CCA that they've asked for.

 

Is it actually a CRIMINAL Offence for a company not to produce a CCA when you request one and send the £1.00 fee?

 

And also, if they haven't got one and they put data on your Credit reference file, is this a CRIMINAL Offence too? as they can't produce proof that you've agreed to let them do it?

[Monty2007]

Hi,

I've read several threads now that say people have been sent blank letters etc.. instead of the actual CCA that they've asked for.

 

Is it actually a CRIMINAL Offence for a company not to produce a CCA when you request one and send the £1.00 fee?

 

And also, if they haven't got one and they put data on your Credit reference file, is this a CRIMINAL Offence too? as they can't produce proof that you've agreed to let them do it?

 

You will find that most OC's will furnish either an application form and/or set of T&C's that will satisfy a S78 request under the 1974 Act. I have been to TS today and they have confirmed that they will not act in terms of criminal action under the act unless the debtor can provide evidence that the actual CCA that they signed differs from that provided as part of a request under the act. TS have never prosecuted (as a criminal action with respect to S78(6)) under the 1974 Act.

 

You will also find that the Information Commissioners Office will confirm that the OC or DCA can process your data even if they do not provide a CCA. There are various provisions with the Data Protection Act that allow them to ensure that other lenders can have visibility of your commitments, payment history.

 

It seems unfair but that is the score!

[cheesepie]

Mmmmm....

Thanks Monty2007.

[ThisVeryMoment]

Excellent news.