Statements

[Peterbard]

I have been paying off a loan for my son to Barclays bank,(through their colection agency) for some three years and have never recieved any statements despite my frequent phone calls requesting them(They said it was not their policy to send statements).

My own calculations indicate the debt is near enough paid off but when i rang for a ballance they said there was still £500 due because interest added to the account.

 

I noticed a piece of legislation in the 2006 cca section 6 Which states.

6(a)

The Creditor shall not be able to enforce the agreement whilst under the period of non compliance.

(b)

The debitor shall have no liability of interest duing the period of non compliance.

 

The period of non compliance being the period 1 year and one day after the last statement of account was sent when no further statements were sent.

 

If this is correct then their are no further moneis due.

 

Peter

[zootscoot]

The CCA 2006 does not come into force until April 2007. Also if the debt is with a DCA the chances are the CCA does not apply because the original agreement is likely to be terminated. If they are refusing to send statements you can always do a SAR to find out the status of the account.

 

Hope this helps

 

Zoot

[Peterbard]

Yes thanks missed that

Though parts of the legislation come into force in 2006 the bit I want doesn't come into force untill 2008.

Out of interest the transitional arrangemeents in Schedule 3 of the act says.

Statements to be provided in relation to regulated agreements

2 (1) Section 77A of the 1974 Act applies in relation to agreements whenever

made.

(2) Section 77A shall have effect in relation to agreements made before the

commencement of section 6 of this Act

Does this mean that if this were to drag on till 2008 i could then apply the act retrospectively.

 

I sent off an SAR some time ago and got a letter back saying that it had been refered back to Barclays. Apparently the DCA is part of Barclays so the debt hadn't been sold on just transfered to their debt collection department.There had never been a default issued or to my knowledge a notice of account termination,when i became aware of the situation i relieved him of his cheque book and rang the bank to arrange to pay off his overdraft and that was the last i heard except that the monthly direct debits kept being called from my bank.

I also sent a section 77 request which is well past it's 12 day limit with no response.

 

I shall be maing no further payments untill I find out what the account situation is.

Thanks

Peter