Is my Tricity Finance CCA enforceable

[DoubleU]

Hi, I just received a copy of the CA from my good friends at Tricity Finance. It looks pucker to me (apart from PPI) I have to add, that this agreement was the result of a computer based application. Can anyone advise please?

If pucker, how do I go about challenging for the PPI?

 

Thanks

DoubleU

Copy Credit Agreement Tricity Fin. blanked out.doc

[cerberusalert]

You said you applied for this online, was this document sent for you to sign at home & what year was it?

 

The reason I ask is because of the 'Distance Selling Regulations' & the CCA 1974.... I can't see any right to cancel which is one of the prescribed terms.

[DoubleU]

Hi Cerberusalert,

Agreement dates back to 2002, but they have a charge order on my house for this, so I have to be careful.

Since I cca'd them, should I still be paying the monthly sum of £ 25.00 in reduced payments.

One more question in general, but I think important:

When you have CCA'd a creditor, should you stop paying, or keep paying.

I believe that by making a payment AFTER the request has been sent, the fact that you paid indicates that you acknowledge the debt, which you have just put in dispute by sending the CCA Request?? in other words, payments after sending a CCA Request renders the CCA request void because you just acknowledged the debt.

Please enlighten me

Thanks

DoubleU

[DoubleU]

PS Cerberus alert, it was applied for 'on-line' and this document is what was sent to my house for signature, which I did. You are right, there is no facility for cancellation, other than not completing the thing and not sending it back. Also re the PPI. I am a contractor and as such I am aware of the fact that PPI will never pay out on the basis that I am not permanently employed. (fixed terms contracts only) Therefore, paying for a PPI is a waste of money and time. However, I believe that when I made the application on line, there was no provision to strike the PPI out, which makes it a condition of the loan, which I believe is not in line with the requirements. However, because of the fact they have a charge on my house, this one particularly worries me sick. The equity, or rather what is left, is my provision for my rainy days when I sell up later this year, so anything that threatens my house, causes me to in principle roll over and submit. Apart from this, the sollicitors pursuing this were particularly nasty both over the phone and tried to intimidate me by letter. They liturally tried every trick in the book to make me admit to the debt. (which I didn't) Question is now, what do I do?

Your comments are very welcome

regards

DoubleU

[cerberusalert]

It is your legal right to request a CCA at anytime, doing so is not an admittance of any debt it is a request to see whether there's a legally enforceable agreement in place, nor does it automatically put an a/c in dispute.

 

As for acknowledging a debt, that only matters if you are claiming Statute Barred status. The debt still exists but the question is whether it is a legal debt or a moral one.

[cerberusalert]

For them to have obtained a charging order they would first of have to obtained a CCJ, if they have this in effect supercedes the CCA agreement, so AFAIK unless you have reason to get the CCJ set aside I think you're stuck.

[DoubleU]

That's what I thought but was not sure of.

So I'll keep paying them. what does AFAIK mean? some of these abbreviations go beyond my mental capabilities I am afraid.

I remember they got the CCJ on me in Cardiff. not being aware of the fact I could have applied for it to be moved to a more local court, Ithey got it by default (me not turning up.) The the charging order followed - by default - same reason. If only I would have known then, what I know and can find out now, I would not have been in this position. Thanks Cerberusalert, punctual and precise as usual. I'll click on your scales.

regards

DoubleU

[cerberusalert]

what does AFAIK mean?

As Far As I Know.