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danny1105

Intrum and Virgin Money CCA return

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This is the reply i have received from Intrum. Should I inform Stepchange or contact Intrum to say that they cannot collect without the CCA? and ask them to cancel the monthly collection from their end?

Intrum Virgin Money reply 260319.pdf

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any that have failed the 12+2 working days deadline you can cease pay if you wish until they do comply

 

Just copied this response from your other thread on this. No CCA, no pay.  To be fair virgin money did come up with a signed agreement in my case but it took them a long while.  However, I still never paid them a penny, and ignored all communications.  The debt went statute barred in 2014, and they never tried to issue a CCJ.


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Thanks for that.I will get Stepchange to cease payment until the CCA is received

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Just remember if I would have been paying 38 quid per month to them , I'd still be paying them now, 12 years later. Always remember the statute barred clock, it will start ticking the second you cease paying them. Even if (and it's a big if) they do come up with an agreement I wouldn't re start payment.  I would do nothing until receiving an LBA which may never come anyway.


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might be best to DUMP stepchange totally

as 90% of your debts are going to turnout this way.

its easy to do your own DMP to those that pass the tests of enforceability.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi

 

After a long wait pursuant to sending a CCA request to Intrum they finally sent a copy of an agreement and copy statements but no page showing my signature.

 

I had been paying this anyway within my stepchange repayment plan but I have now come out of the plan and would like some guidance on what my next move should be?

 

Thanks

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should have quit the DMP more than 2yrs ago when 1st advised..

 

until/unless any DCA complies with an enforceable CCA you pay them nothing.

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks. Can I ask what constitutes an enforceable CCA?

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When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:

 

a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or

b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?

 

It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.

 

The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act.

The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):

 

1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974

2.     Name and address of the debtor

3.     Name and address of the creditor

4.     Cancellation clause applicable to the executed agreement.

 

All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.

 

The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.

 

In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.

 

Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?

 

A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.

 

Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form?

The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.

 

 

If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?

 

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thanks. As they have supplied a copy then I must  assume they have complied with the request

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where we've not seen it have we?

who say its enforceable?

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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shall i scan it and attach to this thread?

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would help

read our upload guide carefully

one multipage PDf only please

ALL pages of the return too.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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