CCA replies.... What's the difference?

[pcmf62]

Now this may seem like a silly question and I may have got this totally wrong.

 

Having read several threads on this forum

 

 

it seems like there are two types of CCA replies for unsecured credit card debt.

 

 

One seems to relate to post 2006/2007 CCA's and

the other to pre 2006 CCA's.

 

 

For the pre 2006 agreements it would appear that only a genuine exact copy of a signed CCA is sufficent

for the creditor to be able to enforce the agreement.

 

 

However for a post 2006/2007 agreement it would seem that an unsigned generic agreement will suffice.

Is this correct or have I got it entirely wrong?

 

Would a forum expert or two (or more) please take the time to tell me what to expect from a CCA request.

 

 

I have several credit cards all either year 2000 or earlier.

 

 

What would any creditor be required by law to provide me with in order to fully satisfy any CCA request made by me?

 

 

I'm somewhat confused, as it seems that different posters have different opinions.

 

 

Some say no signed agreement means that the agreement can't be enforced. whilst others disagree and say otherwise.

 

Please forgive me if this question has already been asked, and thank you for taking the time to read this opening post. I look forward to your replies.

[fkofilee]

Just to clarify for you it is Pre 2007 CCAs that usually require a Original.

 

Who were the accounts with? Always CCA a DCA / Creditor.

Saves you being cashcowed.

[dx100uk]

the date in question is apr 2007

 

 

generally unless these were signed up for ONLINE

 

 

any CCA needs your sig if its before APR 2007.

 

 

after that date it get more difficult to claim un-en through a paperwork 'wriggle'

 

 

its always best to start a thread and post the CCA up.

 

 

dx

[oleg]

Perhaps you're confusing satisfaction and enforceability. A pre-2007 request may be satisfied by production of a recon but this alone doesn't make it enforceable: a copy of original is needed.

 

For agreements as old as yours, most if not all are unlikely to be found. But every single creditor will hasten to point out that their recon satisfies the CCA request and you should pay up.

 

The key part of a recon is "con".

[pcmf62]

Thank You all for your informative replies.

 

I spent a while reading the FCA handbook, and came across Conc 13.1.4 updated 01/07/2014

 

That seems to imply that an exact original copy with a copy of any signature isn't required. all that is requirded is a 'true copy' the details of wich are spelt out in section 13.1.4

 

There's no mention of any specific dates when these rules take effect other than Carey v hSBC Bank plc 2009

 

So, that leaves me asking this question, Where do you good people get the above stated information that a copy (I presume an exact copy, IE Photocopy) of a signed CCA must be provided for any agreement started pre April 2007? It would seem that a 'True copy' Is a very different animal to an 'Exact copy'

 

Is there some other part of the FCA handbook, legislation or proven case I need to look at for the answer?

 

I thank all who took the time to reply to my OP and hope that you will be able to answer the above questions.

[dx100uk]

yours is pre apr 2007

 

 

they can produce as many 'copies' be them claimed true or whatever.

 

 

to enforce your agreement

they must produce the signed agreement.

 

 

or an application form with your sig and ALL the correct T&C's

 

 

dx

[pcmf62]

Thanks for that reply dx100uk. This is what is being said in earlier posts. Please could you tell me where the date of April 2007 comes from? Was there a court case, ruling or judgement that names this date?

 

Please note that I not doubting anything that is kindly being told to me on this forum, and I sincerely thank all of you who take the time and make the effort to help out. I merely need to know how we get to this date. What event fixes this specific date?

 

Before I launch into CCA's (I've already sent one, which looks like it's gone MIA in spite of being sent recorded delivery) I'd like to be 100% certain that this date of April 2007 is based on a solid event. Something must have happened to make so many quote this date, what was it?

 

You know what the lovely people at the bank will say when challenged via CCA. 'Oh no sir, that didn't happen and in any case, even if it did it won't apply to your account. Now pay up or else!'

 

After all, we all know just how honest and trustworthy our fine banking institutions are..........Dont we?

[theoldrouge]

The provisions of s127 (3-5) were repealed by the Consumer Credit Act 2006

 

but for agreements entered into before 6th April 2007 the provisions of s127(3) to( 5) still have effect.

 

CCA1974 s127(3)to s(5) do not give a Court any discretion at all for an agreement executed before 6th April 2007

 

as if the agreement fails to comply with s61(1)(a) CCA 1974 then the Court has no power to enforce the agreement

[Peterbard]

http://www.legislation.gov.uk/ukpga/2006/14/section/15

 

15Enforceability of regulated agreements

In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effec