What constitutes a valid CCA?

[citizenB]

About £11k, so I suppose it is pretty largish.

 

One might argue that if they were to take legal action then they would have already. The whole unenforceability of debt confuses me with some posters stating that the recent test cases have all but removed the 'unenforceable' defence whilst others state that it can still be defended if case law is argued correctly and the judge is agreeable.

 

If your account is prior to 2007, then there can still be a case made for it to be unenforceable as long as the document does not conform to the Act. You should not rely on just a single error, so you need to look at the entire history of the account/relationship. You should also look at whether the actions they took from defaulting onwards, followed the rules.

[krysp]

Account is from way before 2007, creditor failed to provide signed CCA when requested under section 78, CCA Act 1974, although I'm not sure they're legally obliged to. They also failed to provide original agreements and older statements when I submitted an SAR request. Looks like they binned all data and wiped their computer systems up to a certain date.

 

If they start getting nasty, I'll submit a CPUTR request, but so far all they've done is farm the collection activity to various DCA's who have made their usual empty threats, all of which I can deflect with the account in dispute response.

 

Cheers for the help as always peeps, much appreciated.

[citizenB]

Whilst they are in default of an s78 request they can take all action up to but not including obtaining a judgment. Seems bizarre that they can actually issue a claim but if they havent complied with an s78 request.. they cant get judgment !!

[krysp]

According to the OC, they have complied with S78, they supplied 2 sets of T&C's, one of which they claim is reconstituted from the original, the other reconstituted from modern terms and a copy statement (current at the time of my S78 request) whether that does comply with S78, god only knows. There was no signed application form or agreement - fiche or photocopy

 

But for whatever reason, they don't have the desire to take me to court - yet. I'm assuming that they either know/ think the case could be lost or they are waiting for more such cases to go their way before they go after me.

 

Only 4 years to go before SB...