CCCS and CCA

[tracy1975]

Hi,

I have already posted this on another board on this forum, so sorry for the double posting but thought I'd try over here as it seems to be busier.

 

I am currently on a DMP with CCCS.

 

I have sent a request for copies of credit agreements to all my creditors. 3 have not replied within the time limit and 2 have replied stating that they don't have copies of the credit agreement.

 

I have just phoned CCCS and told them that none of the creditors have been able to produce an agreement and they have told me that since a new law was passed in 2006 not having a credit agreement does not make a debt unenforcable and creditors are still able to chase the debt!

 

All of my debts were acquired prior to 2006. I did point this out to CCCS but was told it makes no difference and that the changes in law mean that creditors are able to enforce debts without a signed credit agreement even if the debt existed prior to the law being passed. Can anyone please clarify on this?

 

Also my brother has said that he may soon be in position to be able to help with £1000 towards the debts. I was planning on offering this money as a full and final settlement between all my creditors. I have told CCCS about this and they have said I have no chance of clearing the total amount of the debts (£13433) with it. They have said the least I should offer is 30% and I would be better off spliting the total pro rata between the smaller debts. The smaller debts total £3068 and if I do this I will still be left with the largest debt of £10364.

 

Is it worth me offering them any less than the 30% and using their failure to supply me with a copy of the credit agreement as a bartering tool? If so does anyone have template letter for this which I could use please?

 

Thanks,

Tracy.

[dpick]

Hi,

I have already posted this on another board on this forum, so sorry for the double posting but thought I'd try over here as it seems to be busier.

 

I am currently on a DMP with CCCS.

 

I have sent a request for copies of credit agreements to all my creditors. 3 have not replied within the time limit and 2 have replied stating that they don't have copies of the credit agreement.

 

I have just phoned CCCS and told them that none of the creditors have been able to produce an agreement and they have told me that since a new law was passed in 2006 not having a credit agreement does not make a debt unenforcable and creditors are still able to chase the debt!

 

The amendments to CCA made in 2006 are not retrospective so CCCS talking rubbish. For the two accounts that have admitted no agreement then a court cannot enforce the agreement. The creditor can still ask for payment but have no legal right to demand payment and you can tell them to bugger off. If the other three creditors have not supplied you with any agreement and the 12+2 working days have elapsed then you can stop payment, I would normally wait for the calendar month to elapse (though this has been removed in 2008 Consumer protection from unfair trading regs) Please remember that if any of the three creditors subsequently supply an enforceable agreement they can demand payment again.

 

All of my debts were acquired prior to 2006. I did point this out to CCCS but was told it makes no difference and that the changes in law mean that creditors are able to enforce debts without a signed credit agreement even if the debt existed prior to the law being passed. Can anyone please clarify on this?

 

As above rubbish

 

Also my brother has said that he may soon be in position to be able to help with £1000 towards the debts. I was planning on offering this money as a full and final settlement between all my creditors. I have told CCCS about this and they have said I have no chance of clearing the total amount of the debts (£13433) with it. They have said the least I should offer is 30% and I would be better off spliting the total pro rata between the smaller debts. The smaller debts total £3068 and if I do this I will still be left with the largest debt of £10364.

 

This is wrong you would be favouring one creditor above another that's a No NO for them to say that, it's the same as a creditor demanding precedence above all other creditors.

 

Is it worth me offering them any less than the 30% and using their failure to supply me with a copy of the credit agreement as a bartering tool? If so does anyone have template letter for this which I could use please?

 

My own view is if creditor has treated me with respect then I treat them the same. Interesting point out of 7 creditors I am only paying two debts.

 

Thanks,

Tracy.

 

All the best dpick

[tracy1975]

Thanks for your reply dpick and for confirming what I was already thinking!

 

I'm unsure where to go from here. Does anyone have any suggestions as to the best course of action?

 

Thanks,

Tracy.

[tracy1975]

I have written a draft letter to send. I just wanted to check if it looks O.K to you wise folk before sending it to creditors.

 

Without Prejudice

Dear Sir/Madam,

Re: ************

I write concerning the balance outstanding on the above account.

I am unable to continue to make payments on this account because as you are aware my Consumer Credit Act request remains in default.

 

However, I can raise £*** and I offer this amount in Full and Final Settlement of the account.

This offer is made on the understanding that if accepted, neither you nor any associated company will take any further action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

I also request that you mark any entry on any credit reference agency regarding this account as ‘satisfied in full’.

Payment can be made within 14 days of receiving your written agreement to this offer.

I look forward to your reply.

Yours faithfully,

*********

Enc: List of offers to creditors.

[42man]

This is a good idea Tracy, and a good letter.....

 

As for the 2006 regs Dpick is spot on along with your thoughts....

 

If you get the chance write to them saying that as your agreements are pre 2006 then it DOES still apply....

 

Then quote them this....

 

The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6))

 

Version 1 of 1

Citation

1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007.

Interpretation

2. In this Order “the 2006 Act” means the Consumer Credit Act 2006.

Commencement

3. — (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

Transitional Provisions

4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007.

5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in—

(a)

sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)

section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

©

section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act,

in relation to agreements made before 6 April 2007.

Ian McCartney

Minister for Trade, Investment and Foreign Affairs

Department of Trade and Industry

23rd January 2007

[tracy1975]

Thanks for your replies.

The letters are printed and posted.

I'll let you know how I get on when I hear back from them.

[angel_1]

hiya tracey

 

your thread is what ive been searching for so just wanted to wish you luck and also have you pro rata offered the 1000.00 over all your debts then now,

as im in process of requesting all my cca some have come but cannot read, another said cannot supply, and another not responded after 15 days and a few am going to request today and post tomorrow

 

im thinking i could do a similar letter like yours but will have to wait until either 1 - i get a valid cca

2 - dont get a valid cca

3 - get nothing after the 12 working days

 

before i put a full and final letter to them?

 

just my thoughts at the moment, anyone assist pls

 

ta very much ciao maz

[tracy1975]

Hi Maz,

 

Yes, I have offered the £1000 pro rata between them all. They have all either said they don't have CCA or simply failed to supply one within the time limit.

 

You can make a full and final settlement offer at any time but I decided to wait until they were in default of my CCA requests. I did this so that I could point this out to them in the letter and I am hoping that this will make them more likely to accept the offers.

 

I have also addressed the letters to my husbands creditors from me and vice versa (luckily none of the accounts are in joint names) as I was told by CCCS that if the offer letters are addressed from a friend or relative then they are more likely to be legally binding.

 

Have you claimed back any unlawful charges on the accounts?

 

Good luck.

Tracy.

[angel_1]

hiya Tracey

 

i have not claimed back any unlawful charges yet, im tackling mbna at the mo and they have sent me 2 illegible paperwork though i can see my signature , and the 3rd one i think i may have done via online and only they have sent terms and conditions info, and said sorry not been able to send a copy of the cca.

 

So not really sure where i stand on the charges reclaim only about 200.00 max on each card im guessing

 

good luck, ive subscribed to your thread to see how you get on ciao for now maz