No Credit Credit Agreement supplied?

[Nick W]

Hi

 

Ive been searching for ages and cant find the answer.

 

If you send off your £1 for your CCA agreement and they either do not supply it, or do not respond after the 12 days - how do you go about getting the default removed off your credit record?

 

What is the exact procedure?

 

Thanks in advance!

 

Nick

[nannamoon1]

nick,

 

If they do not respond after the 12 + 2 for delivery days, do nothing, wait a further month and they commit a criminal offence & you can report them to the OFT, TS ect, they then cannot enforce the debt.

 

You can then write to the creditor/dca and ask for the default to be removed.

 

nannamoon1

[MCPR82]

nick,

 

If they do not respond after the 12 + 2 for delivery days, do nothing, wait a further month and they commit a criminal offence & you can report them to the OFT, TS ect, they then cannot enforce the debt.

 

You can then write to the creditor/dca and ask for the default to be removed.

 

nannamoon1

 

 

Sorry - being dim here I think. But what happens in the period after the 12 + 2 days if they come up with the 'goods' ?

[Curlyben]

If they do supply the CCA after 12+2, assuming that it is correct, the debt has been validated and payments must resume.

[pmhcfc]

If they do supply the CCA after 12+2, assuming that it is correct, the debt has been validated and payments must resume.

 

Only AFTER they've got a judge to rule that that be the case...

[gizmo111]

Only AFTER they've got a judge to rule that that be the case...

 

No - if they produce the agreement what would be a judges involvemnt?

[pmhcfc]

No - if they produce the agreement what would be a judges involvemnt?

 

Sorry Gizzmo, I was under the impression that they need a court order to restart the 'debt' if they defaulted on the CCA request..(even if they produced the OA after the time constraints)

[gizmo111]

Sorry Gizzmo, I was under the impression that they need a court order to restart the 'debt' if they defaulted on the CCA request..(even if they produced the OA after the time constraints)

 

No but they have to produce the agreement if they take you to court.

[pmhcfc]

No but they have to produce the agreement if they take you to court.

 

Oh God..after all this time being on this site- I'm now confused myself....After 12+2 they're in default (so you can stop payments) after another month they've committed offence....Gizmo, I need to clarify this for my own sanity...In regards of a CCA request...if at any time the creditor produces the OA, at no time do they need to apply to the courts to restart the debt (so to speak) ?

 

There's quite a lot of people on here that say that if a creditor defaults (12+2) and or commits an offence (a further month) and then produces OA they'd have to apply to the courts to get the debt reinstated...

[gizmo111]

Gizmo, I need to clarify this for my own sanity...In regards of a CCA request...if at any time the creditor produces the OA, at no time do they need to apply to the courts to restart the debt (so to speak) ?

 

There's quite a lot of people on here that say that if a creditor defaults (12+2) and or commits an offence (a further month) and then produces OA they'd have to apply to the courts to get the debt reinstated...

 

No they don't have to apply to the court, the debt is unenforceable until they produce the agreeement, any action taken on them must be done by TS.

They are most likely to take you to court and then prove the debt by the OA - and get judgement.

The criminal offence is a totally different matter to the civil collection of debts.

A lack of CCA only means that the debt is unenforceable whilst the default by the creditor continues.

Generally I think if they don't produce it in the timescale then they are not likely to anyway.

[CG7]

I was also under the impression that if they didn't produce anything within the specified time limit of 42 days (in total), then we were safe, so as to speak, thats what i also believed to be true. So whats the point of the 30 days, if they can produce it at any time, we are sunk and no peace of mind at all from these people. What a way to live.

[diskmandave]

No they don't have to apply to the court, the debt is unenforceable until they produce the agreeement, any action taken on them must be done by TS.

They are most likely to take you to court and then prove the debt by the OA - and get judgement.

The criminal offence is a totally different matter to the civil collection of debts.

A lack of CCA only means that the debt is unenforceable whilst the default by the creditor continues.

Generally I think if they don't produce it in the timescale then they are not likely to anyway.

 

That's my understanding of it too!

 

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

No agreement=no debt

 

Agreement = debt + enforceable too!

 

However... Criminal Offence = Opportunity to negotiate!

 

Opportunity = "write off debt, remove default, don't ever call again..."

 

That's just a few thoughts!

 

Good luck, regards, Dave.

[hedgehog0045]

Hmmmm. I was under the impression that the debt was unenforceable after 12+2 days and then only with a court order if it was produced within the subsequent 28 days ?? Apperas they can enforce it with a court order at any time?

[ladybird17]

gizmo & diskmandave, IMHO, are giving the right advice.

 

The point of the extra calendar month is often because agreements are archived, or a DCA has to go back to the original provider for the agreement and this can take longer than 12 days. So it's like a "period of grace" so to speak.

 

If they do come up with a true copy of the executed agreement, then the debt becomes enforceable.

 

While the debt remains unenforceable, it is still legally a debt, it's not "void" but that's when you are in a stand-off position. They can't enforce it -and do you want to push them?

 

If you go to court & they then produce the original agreement, you can bring up disclosure issues in court.

[Nick W]

So is there ANY WAY of getting rid of a default on your credit record?

 

Apart from this way, where you hope they dont have the signed agreement. And apart from writing to them and asking nicely!

 

Cheers

 

Nick

[CG7]

I am really having difficulty trying to get my head around this, what is the point of the 30 days if the day after that expires, they can produce documents and it all starts up again, whats the point of it all, I really can't see the advantage of the 30 days, or is it just me.............I feel quite dissapointed, the light has gone from my tunnel.

[diskmandave]

I am really having difficulty trying to get my head around this, what is the point of the 30 days if the day after that expires, they can produce documents and it all starts up again, whats the point of it all, I really can't see the advantage of the 30 days, or is it just me.............I feel quite dissapointed, the light has gone from my tunnel.

 

If they commit the offence you can report them to OFT/TS, they don't want you to do that as there's a £2500 fine, this brings the opportunity to negotiate.

 

HTH ?

 

**I feel quite dissapointed, the light has gone from my tunnel.**

 

Never let that light go out, or they've won!

[CG7]

Sorry Dave, but what does HTH ? mean as you wrote in your last post above.

[gizmo111]

Sorry Dave, but what does HTH ? mean as you wrote in your last post above.

 

Hope that Helps

[SteveH2508]

If they commit the offence you can report them to OFT/TS, they don't want you to do that as there's a £2500 fine, this brings the opportunity to negotiate.

 

HTH ?

 

**I feel quite dissapointed, the light has gone from my tunnel.**

 

Never let that light go out, or they've won!

 

Potentially more important is that if it can be shown that this a common occurrence, the OFT might just look at their fitness to hold a Consumer Credit Licence. That is the 'nuclear sanction'.

This is why it MUST be reported to TS - even if they take no action. TS have to report all complaints under different categories quarterly to OFT. If there is suddenly a great upsurge in S77-79 CCA complaints then OFT will eventually have to take notice.

[Nick W]

So is there ANY WAY of getting rid of a default on your credit record?

 

Apart from this way, where you hope they dont have the signed agreement. And apart from writing to them and asking nicely!

[doo]

Cap One have failed to supply me with a copy of my CCA and the 42 days is up on 5 April. They did send me a letter a week ago saying 'please find enclosed a copy of your CCA' only it wasn't there, have wrote back to them stating this and they have still not replied. So what I am asking is - what is the correct procedure now in regards to informing OFT and TSs, have looked for template letters and addresses but cannot find any.

[salisburyowl]

doo

 

capquest seem very good at actually not suppying what has been requested from them. They sent me a years supply of not very convincing Amex statements in response to my CCA request after the 12 day initial time limit then later they sent a letter saying the request for the CCA had been complied with in response to my 'you have defaulted and committed a criminal offence and i'm reporting you letter' ( this was after the 42 days time limit too). So now i'm going to draft a letter saying ' no you haven't' etc...anyone got any suggestions?

[Nick W]

Anyone have experience for CCA's with:

 

1) Black Horse

2) Northern Rock

3) Hilco Reciveables

 

All these agreements date to mid 2005

 

Cheers

 

N

[Rameses]

Only AFTER they've got a judge to rule that that be the case...

 

 

Not true.