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Agreement terminated so not CCA 74 compliant


Bazza66
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I've seen this "agreement terminated therefore CCA 74 doesnt apply and therefore we do not have to comply with a CCA request - now pay up" a couple of times now through various forums.

 

I would have thought that if the agreement is terminated then its all Null and void - i.e. its a written contract and once terminated its no longer in force. Just my opinion.

 

Anyone shed any light on this which seems to be the new DCA tactic?

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It depends who terminated the agreement and on what grounds.

 

If money is still owed on the agreement, I would not expect it to be terminated.

 

There is a difference between "terminated agreement" and "unenforceable agreement". An unenforceable agreement has legal flaws and when put right and with a court order, the agreement can become enforceable. A terminated agreement is an agreement that has been cancelled and there is no more payment due on the agreement.

 

Generally, using Data Protection Act 1998 (SAR), you can still retrieve information about your agreement from the bank.

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Cheers BennyOwen,

 

Its not something I have had myself but seen elsewhere and wondered what the implications are. It seems to be a new tactic that DCA's are using.

 

My guess is the same as yours (although yours is probably not a guess) - its the end of the agreement and thus null and void and nothing to pay.

 

But some people have had letters from DCA's saying because the CCA has been terminated then it is not subject to CCA so they dont have to produce a valid CCA. Therefore they are trying to get out of producing CCA by saying terminated. But if its terminated then there is nothing to pay. Is that right? DCA shooting themself in the foot?

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