Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[scousepie]

I've found possibly the most useful document, which explains (amongst many other things) exactly what the OFT's interpretation of a valid agreement is:

 

 

 

So if and when you get your CCA reply, it is so important that you check its validity!

 

The document is here:

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

 

Sorry if it's been posted before, but it's just SO useful!

 

I is confused this Act is of 1974 S127 regarding non enforcement without both sigs, does this mean the CCA 1983 S127 cancels this out by default, if that is the case when you sign an agreemnet is states the 1974 act and not the 1983 act...

[MarkieMark]

Making a request under the data protection act s7 you wont be wasting the courts time?

[JonCris]

I is confused this Act is of 1974 S127 regarding non enforcement without both sigs, does this mean the CCA 1983 S127 cancels this out by default, if that is the case when you sign an agreemnet is states the 1974 act and not the 1983 act...

 

No

 

1983 only allows them to comply with a CCA request without falling foul of the law but does not apply to enforcing the debt

[MarkieMark]

I is confused this Act is of 1974 S127 regarding non enforcement without both sigs, does this mean the CCA 1983 S127 cancels this out by default, if that is the case when you sign an agreemnet is states the 1974 act and not the 1983 act...

 

Hi

 

I have just read the bank can recreate them

 

How trustworthy is your bank? | Money | The Guardian

[Newborn]

Hi MarkieMark,

 

Don't understand this, how can it be enforceable with no signatures?

 

Newborn

[RubyRose]

The situation just sucks!!!!

Ruby

[car2403]

Hi MarkieMark,

 

Don't understand this, how can it be enforceable with no signatures?

 

Newborn

 

If you're referring to Paul Walton's claim, it's because the debt was already enforced via a CCJ, so the missing signatures are irrelevant and a request to set Judgment aside because he had a realistic prospect of successfully defending failed.

 

For the full (very, very long) story, see here;

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html

[MarkieMark]

The banks try and sell you identity cover, yet they are the ones who lose the credit agreement. I would have thought in the interests of sercurity they would keep proper records of customer accounts. In the media indentity theft is on increase.

 

I have made an application under section 77/78 of the CCA 1976 and they have 12 days and a further month, i think.

 

Failing this I will contact in Information Commissioner Office.

[stapeley]

Tried for an answer on another thread . Can anyone here help ? If after a summons is recieved you request copies of all the monthly C C statements. Should all statements be available ? And if say one is missing , could you apply for the case to be stuck out ?

[Goldlady]

Stapeley I am defending a claim on the basis that 26 statements are missing and as our defence relies on mis-sold PPI to an extent I have asked for the claim to be struck out. I am not sure if one missing statement would have the same effect - in fact I don't yet know if my argument has worked.

[MarkieMark]

“77A Statements to be provided in relation to fixed-sum credit agreements (1) The creditor under a regulated agreement for fixed-sum credit—

(a) shall, within the period of one year beginning with the day after the day on which the agreement is made, give the debtor a statement under this section; and

(b) after the giving of that statement, shall give the debtor further statements under this section at intervals of not more than one year.

(2) Regulations may make provision about the form and content of statements under this section.

(3) The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of a statement under this section.

(4) The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied—

(a) that there is no sum payable under the agreement by the debtor; and

(b) that there is no sum which will or may become so payable.

(5) Subsection (6) applies if at a time before the conditions mentioned in subsection (4) are satisfied the creditor fails to give the debtor—

(a) a statement under this section within the period mentioned in subsection (1)(a); or

(b) such a statement within the period of one year beginning with the day after the day on which such a statement was last given to him.

(6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor—

(a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance;

(b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and

© the debtor shall have no liability to pay any default sum which (apart from this paragraph)—

(i) would have become payable during the period of non-compliance; or

(ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

(7) In this section ‘the period of non-compliance’ means, in relation to a failure to give a statement under this section to the debtor, the period which—

(a) begins immediately after the end of the period mentioned in paragraph (a) or (as the case may be) paragraph (b) of subsection (5); and

(b) ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier.

(8) This section does not apply in relation to a non-commercial agreement or to a small agreement.”

7 Further provision relating to statements (1) In section 78 of the 1974 Act (duty to give information to debtor under running-account credit agreement) after subsection

[car2403]

s.77A only applies to agreements post April 2007.

[stapeley]

Thank you for the reply Markir Mark , but does this apply to a credit card ? It says fixed sum ,which credit cards are not . Your spending and payments change monthly . So with out monthly statements , your lost .

[aspire39]

hi can anybody give me any info on this agreement it was a joint loan,there is apr but no interest rate,also this is supposed to be a true copy but the names have been tampered with too also there is no t+c`s with it this is all i was sent..

 

http://i246.photobucket.com/albums/gg101/daveym39/new2008147.jpg

 

http://i246.photobucket.com/albums/gg101/daveym39/new2008145.jpg

 

thanks.....

[patrickq1]

The banks try and sell you identity cover, yet they are the ones who lose the credit agreement. I would have thought in the interests of sercurity they would keep proper records of customer accounts. In the media indentity theft is on increase.

another thing to be very very wary of is when they send you an updated credit card you will find it accompanied by a letter,this usually is to inform you of they have updated their credit terms buy disguising the fact they are saying firstly they have increased your dreti rating and what you can spend with the new credit terms they hope you will agree and when you use the card you have agreed to this new contract,i just read my wife new terms and cut her card up and sent it back all in little peices and also put in the envelope £1.00 along with the cca for the existing agreement,what a shock they got lol

patrickq1

[photoman]

Just bumping this up my list of subscriptions, as similar actions next on my list of "to do's "

[SUNNY08]

I would like to ask a question about CCA.

 

I need to find out if a credit check was carried out for a career development loan i took out in 2004. I know sometimes they were not carried out. Is there anyway of findin this out. I need real proof of this. was/wasnot carried out.

[MarkieMark]

Thank you for the reply Markir Mark , but does this apply to a credit card ? It says fixed sum ,which credit cards are not . Your spending and payments change monthly . So with out monthly statements , your lost .

 

 

I would have thought it applies to all contracts burden of proof?

 

Unfair Contract Terms Consumer Contracts Regulation 1999

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

[MarkieMark]

Sunny

 

Try this link Get your FREE Experian Credit Report and check your credit history and score now: CreditCheckForFREE.co.uk

[JonCris]

I would like to ask a question about CCA.

 

I need to find out if a credit check was carried out for a career development loan i took out in 2004. I know sometimes they were not carried out. Is there anyway of findin this out. I need real proof of this. was/wasnot carried out.

 

Only apply for your credit report if you are NOT avoiding anyone

[banker_rhymes_with]

Hello MM!

 

JonCris is absolutely right.

 

Take care, you must remember that the Credit Reference Agencies (CRA) are all part of the same loathsome Self-Serving Borg banking Backscratching Merry-Go-Round Circus that we all love to hate.

 

Some CRA's own Debt Collecting Agencies (DCA)...or at least that is what I understand to be the case. Either way, these people do not hold Data for our benefit. They hold it for their benefit, i.e. their financial gain, and to pass on any juicy bits to all of their banking Mates and Pals, who plug into this Data like the, er, um...like the Borg!

 

Having a bad Credit Report depends on how you look at it.

 

Someone with a shed load of Cards, a Mortgage, a few Loans, several bits and bobs on HP, but all Paid more or less on time, looks to most people as being the Report belonging to a poor sucker saddled with Debt. To the bankers, it's a Sitting Duck Target for more Finance, so that person will get a high rating.

 

It's very twisted.

 

Indeed, they ought to be called Debt Reference Agencies, as that would be more apt. They call it Credit, we call it Debt.

 

But many people have innocently requested a Credit (Debt) Report, only to find that a week or so later, a DCA pops up on the Scope chasing some long forgotten Debt (real or otherwise).

 

You can guess who logged the Name/Address details when the Report was requested and, when sent, they immediately popped those same details into their Borg Super Computer to see what else these details matched...and then proudly told their Mates over at the DCA.

 

Sadly, if you want Credit (Debt), then these Reports are an issue. So it's often necessary to find out what they say. But, if you don't want to Rock the Applecart, as it were, then think twice about Contacting a CRA...unless you are sure you have no old bones in the Cupboard they may be able to rattle out with some Database shaking!

 

Cheers,

BRW

[nmp]

Can you still request CCA on a current account overdraft debt?

[car2403]

Can you still request CCA on a current account overdraft debt?

 

Here's the background;

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions/130621-can-you-cca-request.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/125120-wescot-credit-services-advice.html#post1307682

[nmp]

Hi

 

Can anyone help

 

I have sent several CCA requests but dont understnd what I do if they dont respond within 12 days? Then what do I do?

 

30days? What does this mean?

[hsbcfiddled]

Hi

 

Can anyone help

 

I have sent several CCA requests but dont understnd what I do if they dont respond within 12 days? Then what do I do?

 

30days? What does this mean?

 

Please give a little more information.

Who have you CCA'd and when?

Did you send it recorded delivery?

 

hsbcfiddled