CCA 11 months late

[sugg1]

I requested a cca from 1st credit on the 1st August 2008 yes 11 months ago.

 

Anyway yesterday morning i recieved a copy of my agreement from them.

My husband says because they did not supply it with in the time scale then it is not enforceable ,is this correct or is it now enforceable because even being 11 months after i request it they have now send it ?

[Nottsdave]

its enforceable if its got all the prescibed terms and signed.

 

Sorry

 

Notts

[PGH7447]

post it up so it can be checked out

[sugg1]

my hubby is saying its unenforceable because of this.....

 

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).

With regard to loans, the specific information must include:

The total sum to be paid, as per the agreement

The sum still outstanding and the due dates for each installment

The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.

In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.

[sugg1]

hi pgh7447

 

it shows all the required prescibed terms and signed ect.

but i will look at getting it posted on here.

[clemma]

The part in red no longer exists and was repealed in 2006 (I think). They can supply a CCA at anytime - its just after the 12+2 days you can put it into dispute until such time that they do produce one.

 

Are the prescribed terms all there?

 

You beat me - if you can post it, then someone will take a look. If you are sure all the terms are there though, then it would be enforceable.......

[sugg1]

Hubby now says that ....

 

Because he signed the credit agreement before 2006 then it should still come under the old rules

[clemma]

No - it doesn't work like that. The 2006 Act, and the amendments are exactly that. They supersede the original 1974 Act.

 

It is 100% no longer a criminal offence for them to go over 30 days, no matter how old the agreement.

[sugg1]

thanks clemma ,i am just uploading the agreement threw photo bucket now.

 

Hubby said ok ,but can he claim back interest ect from them lol

[sugg1]

http://i459.photobucket.com/albums/qq320/sammy15_015/scan0002-1.jpg

 

http://i459.photobucket.com/albums/qq320/sammy15_015/scan0003.jpg

 

The other 3 sheets are Terms

 

sorry its not clearer then what it is ,its very small anyway

[ScarletPimpernel]

Did the covering letter from Worst Cretins say that it is an edited agreement?

[clemma]

Hmmmmm - this is a photocopy of a fax - not even of the original. It's illegible in parts to - and everything must be perfectly clear.

 

Also, I see the arrangement fee is accruing interest as well - a big no-no......I will need to ask someone to take a proper look at this.

[diddydicky]

and dont forget that they cannot charge interest or charges to the account for the period in which it was in default

 

my bet is that they have piled on fees

 

my inclination would be to ignore them and put the payments you would have been making in a bank account

 

let them serve a DN, if they have included all these charges and the DN is faulty let them then terminate- you wil then only owe arrears

 

if the DN is correct and the arrears are correct- pay them from your bank account to remedy the breach!!

 

my bet is that they will mess up big time

[postggj]

hi clemma

 

the acceptance fee is ok

they have put it in the total ammount payable, not credit, so they have got that right

 

dont panic as there is a case at the court of appeal in august on this matter

acceptance fee is a charge for credit so no interest should be applied

 

thats a poor copy

i would demand a copy of the original. not a fax

 

i think some one is pulling the wool over some ones eyes on this one

 

i see its 1st crud

that explains it