General question about CCAs.

[DigbyD]

Having just sent off some requests, I have a question about CCAs.

 

Is it more likely that the older an agreement the more likely it is they havent got an enforceable agreement? I just wondered that with lots of people now requesting CCAs will they start tightening things up so that five years down the line, askng for CCAs will be a waste of time because they will all have enforceable CCAs on request.

 

All my credit related debts were prior to 2000 with a selection of loan/credit providers. I wonder how those taking out agreements now will fare in a few years time when they request CCAs.

[ncf355]

It would seem common sense that the older the agreement the more chance they havent got the original

 

However, it really is totally dependant on how stringent the lender is at keeping the docs -

 

Realistically, they must have a point where they dump them, otherwise you would have one heck of a lot of space taken up with millions of agreements

 

In fact, even if they do keep them -

 

a) whats the chance of finding them unless they have an extremely well organised filing system

 

b) very likely the original doc either is unenforceable due to missing prescribed terms etc, or incorrectly executed

[oneofakind]

If a lender can't be a***d to keep legal documents for the life of a contract, or don't execute the agreement properly in the first place, they deserve everything that comes their way!

 

I see what you're saying about future problems, but that all relies on the lenders getting their houses in order, and so far they haven't shown much inclination to do that. I have a feeling that they'll just come down even harder on those poor sods who don't know their rights in this situation - I think there are far more of them than there are CAG-types.

[Having_A_Knightmare]

Egg seem to be spot on with there records.

 

I will be leaving them till last

[happyalf]

Hello everybody i had trouble with Orange a phone bill,They sent everything to a collection agency even sent somebody from scotcall which i believe is illegal.

I was paying through the cccs and one day decided to contact orange for and upto date balance,They told me it had be written off and would not chase me for the balance.

I now two months or so later have 2 letters from moorcroft the usual threats been here a few times.

Just wondering what to do with the cca are there any forms on here not sure what to do with them as far as orange are concerned they do not want to chase me up so these people at moorcroft are not either.

I started out £22000 debt 10 years ago and done my best clearing it now down to less than £5000.

Can anybody advise any help whats more sad i have been paying westcot for years a few thousand by now wish i new more back then.

Please can anybody help.

Thanks Alan:confused:

[lookinforinfo]

Happyalf, please start up your own thread as you may have a number of issues, and as phone bills are not generally subject to the CCA your post

on this thread will distract from the general theme.

[lookinforinfo]

Digby, the main point of making a CCA request is to ensure that the company chasing you for the debt is entitled to be doing so.

It is possible that when some DCAs go back to the original creditor asking for the executed agreement, that the OC may decide not to supply it simply because the DCA paid so little for the debt!

But I think you are right, that in the future it will be much more difficult to

find companies that cannot provide the executed agreement. And in time, they will also have got their brains into gear and will manage to produce

agreements that are lawfully drawn up.

[Curlyben]

There are no hard and fast rules with regards to age.

I recently saw a 25 year old B'card agreement that was enforceable !!!