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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

Cap One refunded £112

MBNA refunded £567

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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.

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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.

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Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

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

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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

 

I do believe that you're wrong...

 

Can anyone quote?

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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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.

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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