The Consumer Credit Act.....clarity required?

[yourturntopay]

You can ask for a CCA at any time, even if the debt is paid off. However if the CCA is defective, trying to reclaim monies you have already paid is very difficult and i'm not sure that i have heard of anyone being successful with this....

[dcakiller]

hi is it possible to ask for the credit agreement even though i have paid a lot of the debt off it was a provident account and was collected at the door and entered into books which they kept i have asked for copies of the books but they have not got them i just have to now pay nearly a thousand pounds

 

 

Yes you can ask for a cca at any time. They may try to say oh you have made payments therefor you admit the debt this is cr*p and should be reported to the oft and trading standards.

[jaglover]

but if they cannot send me a copy of original signed agreement can i then contest the debt under the credit act 1974

[yourturntopay]

Yes, absolutely

[jaglover]

would i then write a letter to put the account in dispute or what should i say thanks

[clemma]

You would put the account into dispute depending on what they send you.......there are many different responses

[jaglover]

thanks for that i will phone them and see what they say

[dcakiller]

I would not phone them chances are they will just bullsh*t you at least with a letter there is a paper trail

[Gimme Money]

Hi, This has become a really useful thread and I agree with what all the members are suggesting about putting pressure on our MPS.

 

I've been looking on the forum for a guide to who to compain to when your lender has not complied with a request for a cca or Subject Access Request. As I understand you should write to the Financial Ombudsman, FSA & Information Commisioner & maybe Trading standards. Is that correct and are there some template letter on the forum? Can someone post a guide to this?

 

Thanks GM

[jaglover]

ok thanks will write a letter recorded asking for the agreement

[clemma]

www.howtocomplain.com ........might be your easiest way as it contacts all relevant bodies for you. Might be worth taking a look.

[sythe]

would i then write a letter to put the account in dispute or what should i say thanks

 

 

Hey there folks.............at last directly from the FOS...see email :

 

"Whilst I have not investigated your complaint in relation to you not believing the debt is enforceable without a signed copy of the credit agreement, this is not a matter which we would generally make a decision on. This is something which would need to be dealt with at court. The only resolution I can provide is for the RBS to bring the debt back in house, and for you to make payments as agreed with them, so the debt will not be passed to debt collection agencies. If you do not want to do this, and want to pursue the line of enquiry in regards to the consumer credit act, then you are entitled to do so.

If RBS cannot provide the signed credit agreement, this does not mean it cannot pursue the debt, or pass it on to debt collection agencies. It means you can argue the debt is unenforceable in court, if RBS decide to pursue your debt in court."

my reply :

"thank you for your reply, please note that the reason for my request for a copy of the original agreement is that I wish to question PPI and interest that was added at the time that the account went into default. I do realise that this matter will have to be settled in court and until I have the documents requested it is not possible for anyone to determine the next step. In the absence of the documents that I am rightly entitled to, the account remains in dispute and as a result I am not required to enter into any payment agreement with RBS. I hope that I have made my position clear.

There is clearly a separate issue, that being RBS using debt collection agencies to intimidate me into making an arrangement to pay an account that is clearly in dispute. I will continue to address that matter as it presents.

Thank you again for your clarity."