Has Anyone...............

[EOS-5D]

Ever had their credit card accoun debt set to zero by their credit card company because their CCA was unenforceable.

 

I see a lot of posts where people say that agreements are not enforceable, however i've never yet seen any posts where the banks have said "it's a fair cop gov".

 

Have any of us ever been successful with an unenforceable CCA?

 

 

 

Cheers

 

 

EOS-5D

[maroondevo52]

Hi,

 

Regarding the CCA, A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

Regards.

 

Scott.