BEWARE of this latest DCA trick

[Sand-Dancer0191]

Certain DCA's are now replying to debtors who have requested / or submitted CCA requests with the following statement :-

This account falls under the following legislation......Consumer Credit (exempt agreements)Order 1989,article 3(1) and is therefor enforceable.

NOW section 16A of the CCA2006 says this...

“In order that an agreement may be exempted under section 16A, the debtor or hirer must be a natural person (i.e. not a partnership, unincorporated association or body corporate) and it must include a declaration, in the specified form, that the debtor or hirer agrees to forgo the protection and remedies that would be available under the 1974 Act if the agreement were a regulated agreement. The debtor or hirer must also provide the creditor or owner with a statement of “high net worth”, again in the specified form, which has been made in relation to him by a specified type of person (e.g. an accountant or a solicitor). “Specified” in this case means specified by order of the Secretary of State. ”

As I see it ..this ploy by the DCA's is crap.

Any further comments please

[sillygirl1]

Basically in plain English it is saying "You can't ask for a CCA until you give us an Income & Expenditure statement...." which is complete rubbish. And a lot of CCAs wont come under the 1974 regulations, they come under the later regulations.

 

Which DCAs are doing this.....

[rebel11]

Judge Wakeman and the OFT's Plain English guide don't state that.

 

http://www.oft.gov.uk/news-and-updates/press/2010/105-10

[the_shadow]

Judge Wakeman and the OFT's Plain English guide doesn't state that.

 

http://www.oft.gov.uk/news-and-updates/press/2010/105-10

 

Spot on...

 

Worth a complaint to the 'industry body' the CSA also just to see what they come back with.....which can then be forwarded onto trading standards along with a complaint

 

S.

[Sand-Dancer0191]

Great link rebel11

And thanks for the input sofar by you all.....Waiting for a reply from these xxxxxxx before I name them.AND of course waiting for the cca request to be complied with. SO STILL IN DISPUTE:madgrin:

[babybear39]

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