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brailes09

CCA's - Help please

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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I notice a lot of threads on here about CCA's but am very confused. Why do i need to apply for them and what information do i need to look out for?

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Credit such as Personal loans, credit cards, catalogues (monthly ones etc) are bound by the Consumer Credit Act 1975 (if taken out pre-2006) and 2006 if after.

 

This means that for a "debt" to be enforceable, there needs to be an agreement and this must be correctly executed with certain prescribed terms.

 

You have the right to request a copy of any executed credit agreement at any time (provided you have not been supplied with one in the 30days immediately preceding your request). If a creditor does not supply you with a copy of this agreement within 12+2 days, then the debt becomes unenforceable (they cannot, or should not, pursue it).

 

However, if at any time in the future they were to come up with the agreement, they can resume collection activity.

 

If they provide a copy of an agreement, and it is missing the prescribed terms (interest rate etc) then this agreement would be improperly executed and, as such, would be unenforceable, with the same effect as previously stated.

 

Cheers

UF


I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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what are the prescribed terms required?

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Well that depends on what type of credit you are talking about, as it differs for different types.

 

It may take a while, but have a read through this thread, it is very helpful!

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

Hopefully that should be able to shed some light on things for you. Then I would suggest that you start a thread relating to your problems, describe your situation and what companies you are having trouble with (or even a different thread for each company) and then people will be able to help you.

 

 

 

Cheers

UF


I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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