CCA Again.

[DOZY]

Hi

 

I have taken an advisor on (free on legal aid), He sent some CCA,s out but only one reply to date , all it contained was records of purchases, letters were sent out 12 or more days ago, my advisor thinks its a better option to go for the kill, IE: a write on health grounds , he has received my medical report from my doctor, and he says it should be enough, to persuade them to write my debts off.

 

But I am thinking would,nt it be a lot easier to do the CCA thing , and see how many of the debts are valid any more.

Then dismiss those debts.

 

If they cannot produce CCA,s , what would the next step be, and depending on replys received take it to the next stage, which is ?? .

 

Is a write off, of debts legal or not , just admitting you owe the money ,but cannot pay it for whatever reasons you give , and that the debts will always be still there, I have heard the creditors pass on debt to another company just as the door is closing on them.

 

Please advice, i know i have an advisor , but I need cheering up!!.

 

dozy

[42man]

No agreement (that contains the prescribed terms and is executed properly) means unenforceable debt.....although some will try and take you to court in the hope you won't know your rights and legal position....and don't forget that whilst in default the debt is unenforceable...

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

[42man]

Or if you want to take it further then this might be the best option if they fail to produce a copy of your agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[angry cat]

IMHO, it depends on the Creditor;

best to follow both paths.

[Undercover-Elsa]

I agree with all the above..it would be far better to get the full info on each account before proceeding to attempt write off on health grounds. Banks being banks, they'll always want you to give them Xtra...so try giving them a case based on an invalid/missing CCA PLUS strong medical evidence and hopefully they'll be more liable to capitulate.

Good luck with it

Elsa x

[DOZY]

Hi

Its Dozy again , i have just received the first cca from my advisor , its one i thought i would get sharpish from nat west bank, I will look at it very closely later and the dates as i see them , are that advisor posted cca request on the 24 th august,and was received by nat west on the 25th august, the letter advising me of this cca from advisor was sent on the 14th september, but it doe,s not state what date they received the cca from nat west.

 

Also advisor states they are awaing a responce to a waiver of the account (health).

 

what do you see in this

[DOZY]

Hi

Its Dozy again , i have just received the first cca from my advisor , its one i thought i would get sharpish from nat west bank, I will look at it very closely later and the dates as i see them , are that advisor posted cca request on the 24 th august,and was received by nat west on the 25th august, the letter advising me of this cca from advisor was sent on the 14th september, but it doe,s not state what date they received the cca from nat west.

 

Also advisor states they are awaing a responce to a waiver of the account (health).

 

what do you see in this[/quote

 

Hi Again

 

Just confirmed that all the CCA,s are in default except i presume nat west,more than 12 days .

thus

 

"advisor"

It has been more than 12 working days since the request was made to the creditors. This means that they are unable to enforce the agreements until they provide/repsond to this request.

 

dozy

[DOZY]

Hi Again

 

Sorry on looking at advisors email it says,

 

It has been more than 12 working days since the request was made to the creditors. This means that they are unable to enforce the agreements until they provide/repsond to this request..

 

So that even nat west was out of time , but i now have the cca ,now what ??

 

dozy

[debt4get]

Hi Again

 

Sorry on looking at advisors email it says,

 

It has been more than 12 working days since the request was made to the creditors. This means that they are unable to enforce the agreements until they provide/repsond to this request..

 

So that even nat west was out of time , but i now have the cca ,now what ??

 

dozy

depends..if the agreement is enforceable in a court of law then you would be best trying to come to some arrangement to pay...if unenforceable then...well it is up to you, without an enforceable agreement all they can do is harrass you to try and get money out of you...remember only a court can ORDER you to pay

[Deb T]

You should also perhaps consider making a subject access request to these people, their are many routes to establishing the validity of the debt. If the credit agreement is enforceable the next step maybe to see if any of your accounts have been issued a default notice and if so careful consideration should be given to these also, and then if applicable the termination notice and going on from there the possible assignment of the debts. The enforceability of the initial credit agreement is just one hurdle the creditor/dca has to jump in proving the debt...

Edited September 15, 2009 by Deb T