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CCA - Clarification Please

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Hi All,

I've not posted on here for a while as I thought I had my situations under control. However with all the recent high court judgements relating to CCA I'm now not so sure.

Generally speaking (I can go into specific detail if required) I have alleged credit card debts from the late 90s.

I ran into financial difficulty around 2001 and started making nominal payments via a commercial debt management company. I dropped them around three years ago and made direct CCA requests on all of the accounts.

This has stopped collection activity (for the time being) in some situations, but not in all.

My question is where I have made a CCA and SAR request and only been provided with either an application form (without prescribed terms) or nothing at all - is it now more likely that I'll be pursued in court or do I still have a defence?

Also typically how long after they default on a CCA request does it take a creditor to commence court action?

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OK, they have 12 (working) days from receipt of your CCA request to supply you with the agreement, if they can't/don't or it is unenforceable, then it is extremely unlikely they would go anywhere near a court, as they will have to produce the original agreement in front of the Judge to obtain a judgement against you, so if they have failed to provide or it is unenforceable and they are still threatening legal action, you must report them to the OFT/TS via consumer direct.

 

A SAR they have 40 days in which to fully comply with your request, if they fail to do so, or you believe bits are missing, you can give them an extra 14 days in which to satisfy the SAR before making a formal complaint to the ICO.

 

So if they have failed in any aspect in respect of the CCA, they are very unlikely to go to court unless they have the original agreement.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OK, they have 12 (working) days from receipt of your CCA request to supply you with the agreement, if they can't/don't or it is unenforceable, then it is extremely unlikely they would go anywhere near a court, as they will have to produce the original agreement in front of the Judge to obtain a judgement against you, so if they have failed to provide or it is unenforceable and they are still threatening legal action, you must report them to the OFT/TS via consumer direct.

 

A SAR they have 40 days in which to fully comply with your request, if they fail to do so, or you believe bits are missing, you can give them an extra 14 days in which to satisfy the SAR before making a formal complaint to the ICO.

 

So if they have failed in any aspect in respect of the CCA, they are very unlikely to go to court unless they have the original agreement.

Thanks for the relpy Bazooka. I guess where there's a grey area and I'm still confused is where I've been sent an application form. Haven't some of the recent court cases related to what does/doesn't consitute an agreement?

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If you can scan and post it up here for others to have a look for you, unless you are happy that it is an application form and doesn't contain any of the prescribed terms?

 

If they have failed to send a copy of your agreement then you should send them the 'failed' letter putting the account in dispute, and letting them know what they have sent is toilet paper.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It is just a one sided photo copy of an application form. I'll dig it out and see if I can post it up. I did inform them they'd only sent an application form and sent an FOS complaint letter but the OC's in-house DCA's just assigned it to various other DCAs who hassle me for a while and then someone else has a go.

I know the OC is breaching various OFT regulations by passing the account(s)on when in dispute and they've also attempted concurrent colletion, but I'm not really bothered about the collection activity unless it becomes legal.

I've also had full and final offer letters from the OC recently so I'm assuming they still own the account(s) and perhaps they sent them because that they don't have any agreement?

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**BB waves to guests**

 

If you have told them the account is in dispute and they pass it on to another DCA, then the new DCA gets the 'bemused' letter, and a complaint is made against the OC who passed the account on, and then if a new DCA turns up on the scene, they then get the 'bemused' letter also, and another complaint is made against the last DCA, not the OC, for passing it onto the new DCA, and the merry go round continues.

 

If you've had a F&F offer form the OC, this is 9 times out of 10 indicative that the debt is unenforceable. Especially if it has come from the OC!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks. Hopefully that's the case!

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Pretty sure it will be.;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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