Could someone please explain...?

[act1980]

Hi,

 

With regard to writing off cc debt I understood that the cca was unenforceable if the cc was taken out prior to April 1st 2007 and that there was no signature on the cca.

 

Also, if they had made any changes to the agreement without your consent.

 

Could someone please confirm if this is correct?

 

It's just someone mentioned on here that it only applies if you took out a cca proit to Dec 2004??

 

I am so confused!!

 

Thanks.

[harrassed senior]

Just bumping this up to get you the info you are after. It is a little bit more involved than you state above.

 

You have to send a CCA letter to the person chasing your alleged account. The older the start date of the account the more likely it is that no original Agreement will be produced. I believe that the law changed in 2007 so that most, if not all Agreements were not included in this particular course of action.

 

If, after 12 + 2 working days from the date you send the CCA request, no Agreement is produced, the debt then becomes unenforceable, meaning that it would not stand up in a Court with no Agreement. This does not mean that the alleged debt goes away for ever, there have been cases of the Agreement being found many months after the account has been 'closed' and if it is then found to be enforceable, action can be taken.

 

Hope that helps until someone more knowledgable comes along.

[42man]

http://www.consumeractiongroup.co.uk/forum/legal-issues/171945-modified-credit-card-agreements.html