no cca within 50 days, but what if found in future?

[dellboy007]

hi all, i have send a cca request to MBNA loan. Link financial is dealing with the account now. they have asked for 30 days to get the cca from BMNA. but its been 50 days since they said that. i have stopped the direct debit. but what i want to confirm is

 

ok. they didn't find the cca with in 50 days. but if they manage to find it in the future, how /does that change the situation in any way? what i mean to ask you guys is that, can they make the agreement enforceable upon finding the cca at a later date in the future?

 

 

please help me////////////

[silverfox1961]

Hi,

While no cca exists they cannot enforce the debt but if at any time in the future a VALID cca appears they can then begin to enforce the debt.

If that should happen, post up whatever they send you and the experts here will try and pull it to pieces.

I have an account with Cabot and they haven't supplied my CCA after two months.

 

fox

[dellboy007]

thanks for that Silverfox1961.

 

at present i have a cosy arrangement to pay 5.00 p/month and interest and charges frozen on a loan of 9500.00. by taking all this legal procedures of requesting for cca, and if not received within 45 days, default them etc etc....

i feel as though....am i not putting my self open to trouble. would the creditors get upset over these actions of mine????????

 

would it spoil any future repayment arrangement/ discounted one off f&final settlement offers in any way at all????????????

 

tell me i am worring too much....

[silverfox1961]

You're worrying too much!

Even if they do come up with a valid CCA, you are still in the driving seat as they can't force you to pay more than you can afford. Only a court can make you pay more than you are paying at the moment but only if you have excess income.

The only drawbacks are you would get a CCJ on your credit file if they took you to court and if you own your own property, they could apply for a charging order on your house but that would only apply if you defaulted on payments ordered by the courts.

Every consumer has a right to see a copy of their agreement and no bank or debt collection agency can penalise you for doing so (although they may try it)

If you haven't done so yet, get a copy of your credit file from experian or equifax. That should show the state of your credit file.

 

fox

[dellboy007]

i have stopped payments to the above mentioned MBNA loan account due to their failure to provide a cca with in 58 days ( requested on 12/11/2008). MBNA/Link financial have not contacted me .... what shall i do? continue not making future payments.... but what is the end to this.. what is the bottom line?

[silverfox1961]

Until they provide you with a VALID CCA they cannot enforce payment.

If they do provide one and they believe it to be valid they could take you to court for repayment BUT they have to prove to the court that the CCA is valid(if you challenge them of course) and if it isn't the court may dismiss their claim.

What might happen is that they can't supply you with a copy of your CCA and if so the debt could be sold on to another Debt Collection Agency (DCA) who would then start to chase you for the debt but again they would have a hard time collecting without a CCA. This could go on for up to 6 years or even longer but again, NO CCA=Unenforceable debt.After 6 years of no payment or acknowledgement of the debt it becomes statute barred.

The bottom line is that your credit file is going to be stuffed no matter what,

You MAY end up with a court judgement and if you own property, a possible charging order on it until the debt is paid but this is a long way down the line.

Deal with one thing at a time and try not to worry about the unknown.

 

fox

[Viscount Stair]

If (and it is a big if) they did find an enforceable CCA at a later date, there would be an argument (as yet untested but entirely respectable) that they should be penalised under the Unfair Relationships provisions for failure to comply timeously with statutory requirements.

[maroondevo52]

Hi, dellboy.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

 

 

Regards.

 

Scott.