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what is a cca?


lihi
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Hi

 

I'm having problems with littlewoods accepting my payment proposals and refusing to stop interest charges. Having spent some time on this site I keep seeing mentions of CCA's, can someone please tell me what they are? what they do? and the benefits/faults of requesting one and how I go about it?

 

Many thanks

I love CAG!

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Keep in mind that catalogue companies rarely have signed credit agreements, but instead will claim that as you received goods you must have somehow mysteriously agreed to one.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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CCA is the Consumer Credit Act. It is the law if companies want to offer credit like visa cards, loans and most store cards and catalogue.

 

The template link above is for you requesting a copy of the Credit Agreement in accordance with the CCA. It is a right you have under section 77 78 or 79 of the act depending on the account type in question.

 

Without a valid credit agreement any debt on the account is unenforceable. That is if they take you to court to enforce the debt and can not produce a valid credit agreement when you ask for it in your defence, they lose.

 

I am unaware that anyone has ever got a valid credit agreement from Littlewoods and I know of several people (myself included) that have stopped paying when they do not produce one.

 

On the downside, whilst many people believe they shouldn't, they will almost certainly issue a default notice and put a black mark on your credit file. Several CAGers are starting court action to remove the defaults and adverse comments but this is a long and slow process and may or may not succeed.

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I think some people have gone down the complaints to the FOS and the information commisioners office, but again as his holiness points out also long winded. I am at this stage with littlewoods and just trying to decide which way to go, have seen a third stratergy suggested. An offer in full and final settlement of the account in return for removal of all entries on the credit file. Given that they know they cannot enforce the debt this might work and you might get away with a very low offer say 10%(this is the sort of level they would get from a DCA). All this is pretty new so far so its a case of read, read,read and then see down the line what stratergy works best with each company/dca.

Good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Some of them.

 

Argos yes.

O2 probably no. I had a run in with Vodafone and it seems mobile phone accounts are not under the CCA.

Halifax yes if its a loan or credit card.

First credit am not sure, some overdrafts are covered but not all by the CCA. And there are different rules regarding agreements (I think - not been down this route).

Littlewoods yes.

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