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Challenging the mobile phones contract


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I have a bit of a bone with a couple of DCA chasing me and the missus for a contract mobile phones with 3.

We sent a CCA request and been told that under the terms of the consumer credit act (exempt agreement) order 1989,article 3(1)(a) this account is not regulated by the consumer credit act and is enforceable.

 

Now this is what i found:

 

Exemption of certain consumer credit agreements by reference to the number of payments to be made by the debtor

3.—(1) The Act shall not regulate a consumer credit agreement which is an agreement of one of the following descriptions, that is to say—

    (a) a debtor-creditor-supplier agreement being either—
      (i) an agreement for fixed-sum credit under which the total number of payments to be made by the debtor does not exceed four, and those payments are required to be made within a period not exceeding 12 months beginning with the date of the agreement; or

      (ii) an agreement for running-account credit which provides for the making of payments by the debtor in relation to specified periods and requires that the number of payments to be made by the debtor in repayment of the whole amount of the credit provided in each such period shall not exceed one;

    not being, in either case, an agreement of a description specified in paragraph (2) below; and in this sub-paragraph, "payment" means a payment comprising an amount in respect of credit with or without any other amount;

      Anyone care to explain to me?

      I am of course the debtor... who's the creditor and who's the supplier?

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    Hiya buzby

    I am challenging a mobile phone operator... and after asking for a copy of the original agreement... the DCA thats dealing with it sent me that reply...

    Thats why i went to search for the exempt agreement...

    To be honest this does not make sense to me neither the DCA reply.

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    Ah - the trouble is that the DCA would simply respond like for like, especially if it wasn't paying attention re the lack of CCA. You may be better served by looking on the network's website for their current T&C's and working from that to challenge them wherever possible.

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