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Bank keeps requesting signed CCA


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Hi

 

I wonder if anybody could help me straighten something up?, I have a unsecured loan with a bank that was taken out at the same time as my mortgage to enable me to pay a 5% deposit.

 

This was arranged by a third part called Countrywide. 18 months down the line the bank have sent several requests for me to re-sign a CCA as they don't have one on file, which I have not done.

 

I have now received a letter from Countrywide requesting I complete the CCA and return it to them duly so they can return it to the bank to update their files.

 

My question really is if I request a copy of the CCA from the bank am I correct in thinking that if they do not provide one in 14 days they are effectively breaking the credit agreement act 1974, and cannot enforce payment. Or am I just dreaming

 

I would appreciate somebody with some knowledge on this area advising on this matter.

Thanks

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My question really is if I request a copy of the CCA from the bank am I correct in thinking that if they do not provide one in 14 days they are effectively breaking the credit agreement act 1974, and cannot enforce payment. Or am I just dreaming

 

I would appreciate somebody with some knowledge on this area advising on this matter.

Hi, & welcome to the CAG! :) No, you're not dreaming!

 

Send the CCA Request and 12 days from the day after delivery the account will be legally unenforceable, this comes under Section 77(1) of the Consumer Credit Act 1974 and this is the relevant part.....

77(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.

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

However, I would strongly urge taking legal advise before committing to any thing that may or may not affect your mortgage. A word with Trading Standards certainly wouldn't go amiss..

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

BTW, The bank cannot force you to sign the new agreement..

They've got a major c*ck up on their hands! :D

 

Good luck, keep us posted.

 

Regards, Dave.

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Advice is offered freely, without liability and without prejudice.

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Any more thoughts anyone?

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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Any more thoughts anyone?

 

I don't see how it could affect the morgage... the money's been paid, neither party denies the agreement exists, it's just a question of whether the agreement is enforceable.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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