Question about CCA's

[***inca***]

I have told a relative about this site, and they would like to know what happens if we ask for the CCA (from MBNA) and they DO have it, but provide it after the 12+2 (does that equate to 14 days by the way? - Sorry - I am new to all of this!)....

[rory32]

If after the 12 working days after receipt of your request they supply an enforceable agreement they can then once again enforce the agreement. Please be aware though that many of MBNA's agreements are not enforceable.

 

When was the account taken out?

[ScabHunter]

Sadly they can produce it at any time and begin collecting on the alleged debt. You are never "safe" until six years have elapsed since the last written acknowledgement or payment. (Five years in Scotland.)

 

12+2 equates to 14. Unless you work for a DCA, in which case it is 4,357. Plus another 35,692 in charges and another 456,435,798 in interest.

 

SH

[***inca***]

So if they can still enforce an agreement what is the point in having the 12 days?

 

Where would she stand once she has received the agreement? They are asking her for ridicuolous amounts of money, her monthly interest rate has gone up from 1.5% to 2.5% and she can't afford what they are asking her for.

 

(This is my grandmother by the way)

 

I *think* it may have been a good 5 years ago when she went with them.

[rory32]

So if they can still enforce an agreement what is the point in having the 12 days?

 

Because this is the period after which they can not enforce the account until producing a compliant agreement. If they can't produce a compliant agreement e.g. signed by you and containing all the prescribed terms then they can't enforce the agreement.

 

Where would she stand once she has received the agreement?

It depends on the contents of the agreement. If it isn't enforceable it doesn't matter what interest rate they apply, she doesn't have to pay them anything.

[***inca***]

Okay, I see. Thank you.

 

So the first thing she should do is send of the CCA request isn't it? Bless her, she sent them a letter today asking them to reduce her payments as they have been pestering her on the phone, I have the telephone harassment letter at the ready!

[rory32]

So the first thing she should do is send of the CCA request isn't it?

Yes but send the harassment letter as well.

 

If the phone calls are a real problem she can get choose to refuse if she's a BT customer or alternatively if she doesn't mind her phone number being changed she can simply inform her telephone line supplier that she is being harassed and they will change her number straight away free of charge.