Consumer Credit Act Information Req

[powerful_rogue]

Could anyone help?

 

Where do i find information in relation to the consumer credit act where you can apply for a copy of the original agreement and the company then has 12 days to send it. This is done for a fee of £1.

 

I have searched the net but been unable to locate anything. Just looking for information on how the process works and what to say and do.

 

Also, can you do this to settled accounts? I finished paying off my loans/credit card in 2003/2004 via a DCA - as its settled, will the original company still provide a copy of the agreement to me and can I act on it should it not be located?

[alanfromderby]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3525

[powerful_rogue]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3525

 

Alan, many thanks for your reply. I have already read through that and carried out a search on the site.

 

I have also tried google and ask.com but have been unable to find anything in detail in relation to this section of the act.

[mahala]

funny you should mention this, because I was searching for it too, to answer your question in another thread - I also drew a blank.

[powerful_rogue]

funny you should mention this, because I was searching for it too, to answer your question in another thread - I also drew a blank.

 

Looks like its one of lifes little mysteries!

[alanfromderby]

What are you actually looking for?

[powerful_rogue]

What are you actually looking for?

 

A website that can provide information in relation obtaining my credit agreement for £1 where the company only has 12 days to send it.

 

Want to have a read up on it so im aware of all the facts before i send a letter.

[alanfromderby]

You could perhaps look at the Consumers Association Site - or do a google under Consumer Credit Act 1974. I must admit there is not much about on this - but these are the relevant sections of the act. The timescales are elsewhere in the Act.

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum 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 total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(5) This section does not apply to a non-commercial agreement.

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.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

[powerful_rogue]

So to clarify,

 

If i sent a letter off to capital one requesting this information and they were unable to provide this, could I apply to get my default removed even though the account has been settled?

[powerful_rogue]

How would you word a letter if you was sending in result of the above act?

[alanfromderby]

So to clarify,

 

If i sent a letter off to capital one requesting this information and they were unable to provide this, could I apply to get my default removed even though the account has been settled?

 

Very doubtful as Capital One are the original creditor, and having paid the amount you have agreed that it was owed. The lack of an agreement blocks enforcement - if you have already paid then that is not an issue.

 

However, if you were to discover that the defaulted sum was made up of unlawful charges, then you would be able to claim a refund, and demand removal of the default. Failure by them to do so would mean you could take action under the Data Protection Act.

 

See DPA/Defaults under Legalities.

[Neo]

See Data Protection Act/Defaults under Legalities.

 

Alan,

 

Any chance you could point me to the relevant section in the DPA? I can;t find it and am working on drafting a letter to get defaults removed from my Credit Record.

 

The problem is that I have claimed the charges first and then will go for the removal of any adverse info.

 

Thanks...

[alanfromderby]

Section 14

[pedro_uk]

Is this the one you are looking for : http://www.debthelpuk.co.uk

 

http://www.debthelpuk.co.uk/cgi-bin/yabb/YaBB.cgi?board=On_Topic;action=display;num=1132168759

 

Copy of letter to use if debt has been purchased by a debt-buyer. Enclose a £1 postal order in payment of the statutory fee and send by Recorded Delivery. They have 12 (working) days to respond. If they don't supply it within 30 days, they've committed a criminal offence. Report them to your local Trading Standards office.

-----------------------------------------------------------------------------

 

DATE 2006

 

Dear xxxxxxxxxx:

Reference Number: 1234567890

 

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

xxxxxxxxxxxx

[powerful_rogue]

Thats a very good letter. Im sure many people will find that useful - Might even be worth putting in the library.

 

Question

 

You have a credit card, get into arrears, its passed to a debt collection agency. The debt is paid off and cleared, however a default was issued.

 

You send the above letter off and they are unable to provide you with the documents.

Would this be a case for getting the default removed as if they have no paperwork, the cant prove there was a debt.

 

Hopefully you will get where im coming from!

[Movingon]

No, because as stated elsewhere (above? not sure) if it's paid off, you've agreed to it... you have to dispute while the debt or some significant portion of it is outstanding.

[alanfromderby]

However, if the credit card had unlawful charges added to it - then you could challenge those following the process outlined elsewhere on the forum. If those charges were part of the reason you ended up with the default, you could then demand that it is removed for that reason.

[powerful_rogue]

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

Reading the above section of the act and also looking at THIS thread - It appears I can request a copy of the default notice. If they are unable to provide this notice then I can get the default removed.

Have a read of the link posted above.

[thecornflake]

I may be missing something here, but the following paragraph -

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum...

 

Under 78 Duty to give information to debtor under running-account credit agreement (presumably this means a credit card?) could sruely be used to get a list of previous charges from a credit card company and would therefore be £9 cheaper than a DPA request?

 

I'm not fussed about saving such a small amount, or trying to find loopholes but I was wondering if the wording of this paragraph would allow you to do this?

[powerful_rogue]

I may be missing something here, but the following paragraph -

 

 

 

Under 78 Duty to give information to debtor under running-account credit agreement (presumably this means a credit card?) could sruely be used to get a list of previous charges from a credit card company and would therefore be £9 cheaper than a DPA request?

 

I'm not fussed about saving such a small amount, or trying to find loopholes but I was wondering if the wording of this paragraph would allow you to do this?

 

That to me appears another good find from this wonderful act!

Im sure someone with a lot more knowledge then myself will be able to give a view on it.

[thunderpuss2k]

I'm not fussed about saving such a small amount, or trying to find loopholes but I was wondering if the wording of this paragraph would allow you to do this?

 

You could use it I guess, a DPA SAR (and your £10) covers *all* the information a company holds on you, whereas the S77/S78 thing just, afaik, covers getting hold of a copy of the original credit agreement plus statement of the account.

[alanfromderby]

I may be missing something here, but the following paragraph -

 

 

 

Under 78 Duty to give information to debtor under running-account credit agreement (presumably this means a credit card?) could sruely be used to get a list of previous charges from a credit card company and would therefore be £9 cheaper than a DPA request?

 

I'm not fussed about saving such a small amount, or trying to find loopholes but I was wondering if the wording of this paragraph would allow you to do this?

 

 

No, all you are entitled to with this is a breakdown of amounts that are currently owed - and dates when payments will be due. It does not include charges/transactions that have been paid off.

[lee_s]

Can I ask a question please ?

 

We have a debt collection agency out of the blue chasing up an old bank account we had ( at least 7+ years old ).

 

As far as we know we have not had any contact with the organisation or any DCA during this time.

 

Could this qualify as statute barred ?

 

Are bank accounts also regulated by the CCA ?

 

 

Also would the following letter apply if writing about a bank account ( as opposed to a credit agreement / credit card ? )

 

 

"Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued "

 

 

Thanks in advance

Lee

[alanfromderby]

If the debt is 7 1/2 years old, and you have made no payments in that time - or acknowledged the debt in writing, then it is statute barred.

 

Yes, bank accounts are subject to the Consumer Credit Act the second you owe them money - however, I cannot see that you will gain much from such a request.

[lee_s]

Thanks Alan,

 

The reason for the CCA request is we don't have any information about the old account as it was so long ago. The amount being claimed is £2k which is a lot more than I remember the debt being. I am sure that the original debt and interest was frozen. They definitely hadn't attempted to contact us over the whole 7+ yr period. No doubt the original debt had banks charges galore on it, hence was interested whether the CCA request would get me information on how the debt is made up, from when etc etc.

 

Only issue is that I think we had a standing order set up paying a small set amount per month. It was such a small amount it was almost unoticeable, so although no contact throughout the period asking for more money etc. we had made some payments. We moved banks so was a standing order which never got moved to the new account.

 

So I am guessing the statue barred won't wash as we've made payments on the account ?