CCA question

[gonnagetthemback]

hello,

this is my first post. I initially joined the site for help reclaiming bank and credit card charges, i am so chuffed that I've got this in process in motion now. I anxiously await responses now - and cheques LOL:grin:

 

I was just reading through and wanted to ask about CCA's. I understand the meaning of the term, but what good can I get out of requesting them?

 

Many Thanks

[purple**princess]

Hi and welcome!

It's more a case of what you can do by requesting them and not receiving them. If it's regarding a default you have, then not receiving your CCA within a 14+28 day timeframe means the debt becomes unenforceable. I've not had any success with it as of yet, but I only sent my request 7 days ago, fingers crossed.

[diskmandave]

A cca request is a request to see a copy of the original agreement under section 77,78 or 79 of the Consumer Credit Act 1974.

 

A copy has to be provided 12 working days from the day after delivery (or they have to admit they cannot provide a copy) of the request or the request is in default and a creditor cannot take any enforcement action on a debt until they supply a copy of the agreement. If the request remains in default for a calendar month an offence occurs for which the penalty is a fine of upto £2500.00 and/or upto 3 months imprisonment.

 

Financial institutions are obliged to keep a copy of a credit agreements because without it they can't take legal action to enforce it should there be problems with non-payment etc...

 

Hope that helps.

 

Regards, Dave.

[SteveH2508]

Quick point: the penalty for S77/78/79 breach does NOT include imprisonment.

[diskmandave]

Quick point: the penalty for S77/78/79 breach does NOT include imprisonment.

 

I do believe that you're wrong...

 

Can anyone quote?

[Vampyra]

Dave:

 

78 Duty to give information to debtor under running-account credit agreement

 

 

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

 

 

(a) the state of the account, and

 

 

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

 

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

Be a bit wary of saying that if they admit to not having it it's not an offence. It doesn't say if they say they cant provide it, it says they must provide it if requested.

 

I did read your other post but I think there are some interestingly twisting opinions turning up. I wouldn't like to say for sure what you were told is right or wrong.

[make them aktiv runners]

Mode of conviction - summarily

Fine - level 4

 

See schedule 1 of CCA - page 138 on here

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF