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Jdeeuk
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What have they actually stated?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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http://www.johnantell.co.uk/CCA1974.htmsection 77/78/79

 

They can send it in 10 years if they want but they cannot enforce the debt without it.

 

After 12 (+2 for posting) working days and a further calendar month, you can stop payments and they have no legal standing to either enforce or add further interest etc.

 

The OFT guidelines say they should not pursue payment whilst an account is in dispute. The CCA request put it in dispute, so as usual they are talking rubbish.

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thanks for the link however the link uses the term prescribed period and does not state that it is 12+2 days ( probably in case future laws changed)

 

 

I need a link that has the actual time limits on it

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You seem to have supplied the wrong link Aktiv.

 

First of all Jdeeuk there is absolutely no point in talking to these people. They will tell you any old rot. You must ensure all communication is in writing.

 

The 12 working days are included in the Consumer Credit Regulations. Llowells are well aware of the law in this situation (they have received more than enough CCA requests).

 

The following may be of interest:

 

OFT response to failing to provide agreement:

 

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I use phone as i have a recording system attatched to my landline and I inform them they are recorded. that way i dont have to wait for post delays. except when i sent request off of course...so i wanted a link to shove down this noobs neck (i reckon his acces to net will fail and he cant see it at that point) where did you get the info from rory?

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The letter is from the Office of Fair Trading in response to questions that were asked by a CAG member regarding the Act.

 

Also for your information Section 78(6) of the Act states:

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.

You may also wish to look at the OFT guidelines on Debt Collection - it's a sticky in this forum and the General Debt Forum.

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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