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CCA Request - Help!


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Hey,

 

Im looking to send a CCA request to the bank for a copy of my loan agreement - i remember signing something but the conditions verbally acknowledged were different to the ones written down i think!

 

Is there a link to a template - cant seem to find it in the Bank Templates section.

 

Also could someone explain how the "Unenforcable" clause etc works just so i know.

 

Thanks,

 

Nathe :)

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UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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send cca request with £1

 

if agreement is received in 12 working days and another calendar month then it is un enforceable

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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send cca request with £1

 

if agreement is received in 12 working days and another calendar month then it is un enforceable

 

Is there a template for the CCA request?!

 

By unenforceable does that mean the debt has to be written off? Even if they have the agreement but did not supply it in time?!

 

Cheers

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UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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No it means the terms of the agreement as to dates of payment, interest due etc. If the agreement is rendered unenforceable the amount becomes immediately repayable.

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No it means the terms of the agreement as to dates of payment, interest due etc. If the agreement is rendered unenforceable the amount becomes immediately repayable.

 

Im being a total newbie - So it means i would have to pay the full amount immediately?! Could someone explain in a wee bit more detail just so i get the jist, sorry im being a bit thick!!

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UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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No it means the terms of the agreement as to dates of payment, interest due etc. If the agreement is rendered unenforceable the amount becomes immediately repayable.

 

Technically true, but they cannot enforce it in a court of law. It also means that they cannot prove any rights to process your data, i.e. by reporting you to CRA's.

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Has anyone got a template for the CCA?

 

Also, what exactly makes a loan unenforceable??

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UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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Technically true, but they cannot enforce it in a court of law.

 

Yes they can but they can not sue on the contract. They can bring an action in the law of restitution which is a claim outside the law of contract or CCA. This is based on unjust enrichment.

 

So it means i would have to pay the full amount immediately?! Could someone explain in a wee bit more detail

 

If you make a credit agreement unenforceable by making a CCA request. The agreement ie relating to terms and conditions such as date of payment, unterest rate etc is unenforceable but the debt remains. You have had the money and have not given anything in return. Therefore the money is still in law regarded as belonging to the creditor. With out the agreement in place allowing for monthly payments the creditor can request this money at any time. You may be able to negotiate a new payment arrangement.

 

Has anyone got a template for the CCA?

 

 

 

There is a template letter in the debt and bailiff forum.

 

Hope this helps

 

Zoot

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Oh great - maybe this explains why none of the requests I've sent out have produced any agreements (they are all up on the 42-ish days this week) ... if the creditors wait for the debt to become 'unenforceable' under the CCA they can instantly demand back all monies owed?

 

Wish I'd have known that when I sent the CCA requests...

 

Perhaps this should be added as a large red warning sign to the thread where people are busy downloading the CCA request template letter in the vague hope that they can at least put a halt on the debt collectors and gain some breathing space whilst they try and sort their lives out?

 

Now it seems we're likely to be giving the creditors even more ammunition? I presume a judgement under the law of restitution will result in a bailiff on my doorstep again?

 

I'd best go sharpen my pointy stick...

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It wouldnt be the debtor making the agreement unenforcable by requesting a copy of the original agreement under sections 77-78, as is their right, it would be as a result of the creditor's being unable or unwillingness to provide it.

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After 30 days the creditor would be in criminal default with statutory bodies asking questions.

 

Not quite accurate.

 

The timeline is.

 

Day 1 = you send the CCA request letter.

 

Day 3 = the creditor is deemed to have received your letter (unless the two intervening days were a weekend or bank holiday in which case add a couple of days extra).

 

Day 3 + 12 working days (i.e. excluding weekends and bank holidays) = creditor is now in default and the agreement becomes unenforceable.

 

Day 3+ 12 working days (i.e. excluding weekends and bank holidays) + 1 calendar month = Creditor has now committed a criminal offence and the agreement can now only be enforced on the order of a judge.

 

It makes a difference.

 

Pete

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Yes they can but they can not sue on the contract. They can bring an action in the law of restitution which is a claim outside the law of contract or CCA. This is based on unjust enrichment.

 

Okay, I'll bite. I imagine several people will also have the same question. They cannot enforce the original agreement, since they failed to present the paperwork which establishes it. If they are to bring a claim against you, how do they prove that you owe them money?

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Interesting.

 

So what happens when a DCA buys the debt for 10% of the original value, as detailed in the statements?

 

A £1000 debt might have just cost them £100 for example, so what can they collect then, in the absence of any original agreements?

 

Can they then claim to be "owed" £1000? The debt was written off, or at least 90% of it was, by the original creditor, so who owes what to whom?

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Generally where a debt has been sold to a DCA the original agreement has already been terminated. If you fail to meet the orginal contractually agreed payment dates, this amounts to a breach of a major term of the contract which gives the bank the right to end that contract. If it governed by the CCA the bank must give 7 days notice before terminating the contract.

 

So there is no point in doing a CCA to a DCA as the original agreement no longer exists. Its pointless trying to render an agreement unenforceable if it doesn't exist and no criminal offence is committed by the DCA if they do not supply a copy of the agreement.

 

A debt is a property right referred in law as a chose in action. A contractual right to enforce the debt. The DCAs buy the right to enforce xxx amount of pounds and will pay alot less for it but that does not mean that part of it has been written off. They bought the right to claim up to that amount and will have the right to do so although many will settle for a lot less if it is one off lump sum.

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so what would happen if no deed of assignment was produced?

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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But without the agreement, how can they prove the debt? Given the agreement is gone, the statements are nothing more than a bit of paper with "IOU £1000" written on it.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Statements are admissable evidence in court to prove transactions going through an account. Therefore they are evidence that a person has received money or purchases under an account. You can dispute these but would need to give a convincing explanation as to why you did not receive such goods or money.

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Hmm. That makes sense.

 

How would the court look upon a multi-billion company that has clearly been misappropriating its customers' funds claiming that someone has been "unduly enriched" at their expense?

 

Would non-compliance with CCA still form a complete defence to a claim to the money outside the contract?

 

Failing that, what are the possible routes for folk to go from "unenforceable" to "written off" (assuming that such is possible)? Not that people should be escaping their debts, but it does not seem unreasonable to suggest that a lender that has behaved with contempt for its customers' rights does not deserve payment.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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  • 3 weeks later...

Hi Everyone,

 

Almost 1 month has passed and they still havent sent any form of correspondance in relation to my CCA Loan.

 

Once it becomes unenforceable and they proceed to court, will the debt be written off by the judge if they admit to not holding an agreement?!

 

Also, obviously once i withold payment they are gonna add notes of a detrimental effect to my credit file - is it possible to get these removed once the courts have made a decision?!

 

Thanks for your help!

 

Nathe :)

-----------------------------------------------------------------------

UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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Hi Everyone,

 

Almost 1 month has passed and they still havent sent any form of correspondance in relation to my CCA Loan.

 

Once it becomes unenforceable and they proceed to court, will the debt be written off by the judge if they admit to not holding an agreement?!

 

Not necessarily, in fact I would say most likely no. The debt itself can be proven beyond reasonable doubt in many ways and if the judge is convinced of that then he / she will judge that the creditor has the right to get his money back.

 

The judge will give the lender a slap on the wrist of some sort and that could be by reducing the debt outstanding, removing any interest element, etc so I think you would get something out of it. But the downside could well be that you end up with a CCJ ordering repayment of whatever the judge deems to be reasonable. Until a case goes to court I'm afraid no-one knows what the outcome might be.

 

Also, obviously once i withold payment they are gonna add notes of a detrimental effect to my credit file - is it possible to get these removed once the courts have made a decision?!

 

Thanks for your help!

 

Nathe :)

 

Well unless they can prove that there was an agreement in the first place they shouldn't be able to issue any default or other nasty marker to the CRA's. That doesn't mean they won't though, banks are a law unto themselves, or at least they think they are.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Not necessarily, in fact I would say most likely no. The debt itself can be proven beyond reasonable doubt in many ways and if the judge is convinced of that then he / she will judge that the creditor has the right to get his money back.

 

The judge will give the lender a slap on the wrist of some sort and that could be by reducing the debt outstanding, removing any interest element, etc so I think you would get something out of it. But the downside could well be that you end up with a CCJ ordering repayment of whatever the judge deems to be reasonable. Until a case goes to court I'm afraid no-one knows what the outcome might be.

 

 

 

Well unless they can prove that there was an agreement in the first place they shouldn't be able to issue any default or other nasty marker to the CRA's. That doesn't mean they won't though, banks are a law unto themselves, or at least they think they are.

 

Pete

 

Brilliant - If they admit to not having the agreement or they dont provide i'll be willing to go to court, a) it will give everyone on here a case thats been heard and the result b) It'll teach the Bank of Scotland that they are not a law unto themselves, hehe!

 

If some of the amount gets reduced its still a plus!

 

Thanks for your help Pete.

 

Nathe

-----------------------------------------------------------------------

UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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