Hello, I wonder if you can help me.... Back in 2009 I was awarded a settlement through the Ombudsman for PPI with a bank for a loan. The bank was ordered to put me in a position had I not taken out the PPI so they set me up a new account, new number, new loan amount, new payment amount etc but DID NOT ask me to sign a new agreement. I've repaid the debt now but want to know under the CCA 1974 section 82 here (http://www.legislation.gov.uk/ukpga/1974/39/section/82). Should they have got me to sign a new credit agreement??? Thanks O

I saw something on the web about digitally signed CCA's and wondered what legality they have compared to physical documents? If I physically sign a piece of paper I can tell if a CCA sent to me has my signature on it or not, but how do I do this if the DCA say that I signed digitally? Thanks!

Hello, I have held a loan with HSBC since 2011 for £10,000.00. I currently have around £6,500.00 of this still to repay. I asked HSBC for a copy of my original Credit Agreement, which they said they could not provide as it was not filed in any relevant filing system. I wrote back with a SAR request, and they just wrote back to me to say that they could not provide me with a CCA for the same reason. I have written back today to ask for a copy of the Agreement which they continue to enforce, meaning I have to pay. Where do I stand? Surely they should provide me with something? It was only 2 years ago. Thanks, K.

Good day all I have just received a CCA from Lowells for a catalogue account opened 17th January 2007. This account has been sold to Lowells Can someone please advise if this is enforceable as I had been paying this via a DMP until I started to request CCA's from all the DCA's that are collecting from me. This is a reconstituted agreement from the original creditor as advised by Lowells. I accept that I would not have signed the agreement as this was done online but I would have thought that the original creditor signature would be required whether reconstituted or not Many thanks for your help in advance [ATTACH=CONFIG]43742[/ATTACH]

Hi I made a CCA request to Capquest at the beginning of April - I have attached what I received today and I am just wondering if what they sent is correct and is it enforceable?? The initial application page small print is illegible so its not just because I have scanned it badly! Any help/advice appreciated! Thanks

I am posting this on behalf of my husband. He sent a cca request back in January, gave them plenty of time, sent a letter from the library last week about their non-compliance. He received the cheque back today which was dated 24th Jan 2013, and a reply: Thank you for your recent letter dated 30 Jan 2013. I am not able to locate the requested documentation at this time from our files however I can confirm that in accordance with the requirements of the CCA 74, we provided a signed copy of the agreements and full terms and conditions to yourself on account opening and confirm we will rely on these documents. Please make your client aware that if they fail to make payments in line with the agreement, we will arrange for the Bank`s debt recovery procedures to be applied. Please bear in mind that missed payments under the agreement, any arrears or final demands for payment will be recorded on their credit file. from co-op They have had the financial statement, but want more money but that's not possible. Charges and interest still being added....... This was originally a northern rock card. please advise.

Hi there I wrote to Capital One for a CCA and they replied by sending me a reconstituted copy of the original agreement. They also said that as they have complied with their obligations under S78, they will not be entering into further correspondence regarding the provision of copy agreements and my agreement is enforceable and they will continue to treat it as such. Are they correct? I thought if they can't provide me with a copy of my signed agreement that it is unenforceable?

There was a problem highlighted with the wording in loan forms when secured loans under £25k were taken out. All loans paperwork have been looked at and I received a letter today stating Some of NRAM communications taken out by certain customers did not comply with all of the requirements prescribed by the CCA. They have stated they have looked at my paperwork and stated that as the loan taken out clearly states the purpose of the loan was for home improvements (Conservatory) this loan is specifically exempt from CCA regulations. They then go on to say that there were references made to the CCA in the loan and account documentation that I have been sent in the past. These references were wrong and will not appear in future statements. We apologize for any inconvenience caused. This reeks if the paperwork is wrong it is wrong surely - any advice?????

Hi CAGers, hope you are all well, I know it's been a while since my last post, but here goes... After nearly a year of silence from my 3 debtors, it seems one of the CC companies wasn't happy with me. The rough timeline is as follows: CAPQUEST was repeatedly badgering me for money owed to Barclaycard I requested a CCA by letter about a year ago (recorded and PO for £1 enclosed) Heard nothing after the legal period had passed, so sent follow up stating the account was now in dispute as no CCA had been sent to me. Then...bliss...at least for a while Now it seems even though I had requested the CCA and sent the letter of non-compliance, the debt has now been sold to some muppets going by the name MKRR Got a nice "friendly" letter from them a few weeks ago with a freephone number (refreshing), gave them a call and told them the account was in dispute and they were illegally contacting me. They kept badgering me for a reason of non payment (I wasn't going to humour them by telling them I was in a deep 3 year depression, broke and trying to "support" my wife and then-new-born kid) I told them I would not discuss such things on the phone and told them to stop contacting me. They told me they couldn't take me off their dialler system and i would continue to receive calls/letters I told them I had requested a CCA from the previous DCA which was never received and demanded that MKRR obtain this and leave me well alone. They said they would request the CCA (no letter to prove this mind you) but they would not put the collection on hold. At which point I told them that I would only converse via letter. Now....I have received this lovely (and familiar) FINAL NOTICE letter from MKRR (as attached) I have read through it and have those old feelings of anger and upset boiling back to the surface again. Where do I stand with this guys? I think they don't have a leg to stand on and are probably breaking some kind of law trying to chase me with the account in dispute, but I don't know this for certain. Thanks for any advice you are kind enough to offer me, P.

.Hope someone can advise. Sent CCA off to Llyods, they replied with they can't find agreement but will keep looking and that they are not obligated to produce the original agreement. They have sent a reconsituted version, and said they will have no more contact with me. I would like to have seen the original to see if there was an option for PPI at the time. Any advice on the next step would be appreciated. Thanks Regards

Received a few hundred pounds off them today in compensation following my formal complaint regarding their treatment of me and refusal to only contact me in writing. I'll give them their dues though they swiftly responded to my formal complaint and admitted where they went wrong etc.

Hi, In September 2012 i sent a CCA request to MKDP LLP in relation to a default on my credit file. My end goal being the removal of the default. They sent me a statement of account and deed of assignment soon after. However they were unable to provide me with a copy of the CCA, i recently received another letter, dated 08/04/2013 saying they are still unable to locate the agreement. I understand the consequences of this, namely among other things, the debt is unenforceable in court and that registering a default with the CRA's does not constitute enforcement. Knowing this, what then should my next step be? Is there anything under the Data Protection Act i can use or anyone know of anything else to try get this entry removed? Any help or advice would be appreciated.

Does anyone know if a CCA request resets the statue barred clock.

I sent off my CCA request with no reply within the prescribed 12 + 2 working days. I allowed an extra three working days 'just in case' and then sent the follow up reminder/unenforcability letter. Today received a communication saying the client was dispatching the details today to me. Im I correct in the assumption that the alleged debt remains unenforcable until such time as I have received the communication from them and had a chance to review what has been sent. They have also stated that their client requires a monthly payment regardles, even while this process is in motion. I need to get this absolutely right as I have no wish to open up precedents which can be exploited by dubious organisations in the future. Thanks one and all in advance for your input

Hi, I recently sent a CCA request to JD Williams regarding a default on my credit file. They replied, informing me they do not have a signed copy of the agreement nor of the default notice. I understand where i stand in relation to the debt, namely, that it is unenforceable in the courts even if it does still exist. I am wondering though where that leaves me with the CRA's. The fact that JD Williams do not have a copy of the agreement renders the debt unenforceable with the courts but the CRA's do not enforce anything as such so they would not have to remove anything owing to that. However, I believe the ICO states in its Data Protection Technical Guidance at s.39 that "Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default." If they do not have a signed agreement or default notice is that not going against the guidance?. Further that The Data Protection Act also specifies that sensitive personal data must be processed according to a stricter set of conditions, in particular any consent must be explicit. Without a signed agreement how can they prove my explicit consent to the CRA to share my information legally. I may be well off in my thinking i am just trying to understand my next steps after dong a bit of reading around. Any help or advice would be greatly appreciated.

I am looking for some advice if possible. I have contacted HFC for cca request. They have refused twice now, stating they require a signature and photo ID. I advised them, this is not required to comply with a cca request. HFC sent back my postal order and advised that they cannot process my cca request further without proof of signature and photo ID. This was 6 weeks ago. Today, I have received a letter saying they will be issuing a default notice regarding this account. How should I proceed with this? Thanks in advance.

If a Consumer Credit Act-regulated agreement is entered into and then the company's licence lapses, am I right in understanding that any amendments made to the existing agreement after the lapse would be null and void? Also, if a debt incurred during the 'post-lapse period', would it then be unlawful for that company to then sell that debt on - even if the company that buys it has a Consumer Credit Licence themselves?

In the covering letter Arrow state that under OFT guidelines a reconstituted agreement is satisfactory where the orginal cannot be produced, (this loan agreement was signed on 14/07/2005). They have included a copy of the agreement, a partial statement of account the t&c's. What concerns me most is the customer signatures show are most definitely not mine!!. Also PPI protection is included should I try and claim this off the sum owing?

What am i to do with these? I apparently have a credit card with them from 2008. I remember applying at old address. but never received a card, a pin, not even a statement. so i assumed i was declined. Now i saw it on my credit file, rang them up but they cant do anything as i couldnt get thru security, cos i cant remember the details. was advised to send a letter, proof of name change( as i married in 2011) proof of address to update my account at least. They replied saying they cant do anything as my letter didnt have my account number on ...well duh, i never received nothing from them, how would i know....what do i do now? they told me to call but i cant get past security, so no point in waste of fone bill.. . i dont know what to do. help please!

Hi Is all car insurance covered under section 78 of the CCA 1974/2006 I guess there is manually signed agreements from in a brokers high street premises, internet agreement and also tele agreement. Are these all covered differently by the CCA? or all the same? or not at all thanks

Long time viewer so thanks to all the contributors here, it's been a great help! I have sent off for the CCA for a Credit card and a Loan with Halifax. They have sent a letter saying "we'll get it to you when we can". I asked for it within 10+2 days. Is the template online the same for pre and post post 2007 debts? Thank you D This is the letter you need to send (edit to suit and send recorded) Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully

Hi, we are struggling to pay various debts at the moment, we have approached most asking for reduced payments, interest freeze, etc. However, CCA'd Next and they have openly admitted (in writing) that they cannot locate a signed credit agreement, please see http://freepdfhosting.com/626c0a8d51.pdf for full masked response from them. They also sent me some sort of account summary, which shows "Total Sales TD"of over £8000 which i assume is total of goods purchased, and "Cash Since Start" of £8700, which i think means i have paid them more than the value of the goods purchased ( have been making minimum payments for almost 10 years), but not the approx 30% interest they like to charge, which leaves the outstanding balance of approx £900 I'm unclear as to whether, in the absence of a true signed CCA, I am liable for the amount outstanding, given that i don't believe i ever signed a written credit agreement when i first bought goods from them some 10 years ago, and i have paid them more than the total value of any goods. Can anyone advise my best course of action in response to this letter please ? They have also obviously contradicted themselves by stating that the true copy must include "original name and address of the parties" which it does not (are they simply allowed to reconstitute another CCA which does ? or are they limited to 1 attempt to reconstitute it ???)

Hi Guys, I've done a CRA on MBNA for a £3500 debt that's been outstanding for a couple of years now, that they have kept a default on my CRA but are being very coy about actually chasing. I suspect the CCA (If you can call it that, it looks like an application form to me) is not correctly formed, and thus unenforceable. Could someone validate that for me? (CCA Attached). Also, assuming it's unenforceable, how do I force MBNA to take it off credit reference agencies (CRA's)? thx in advance

Hello I feel in trouble and hope someone may be able to help. I have an historic debt to Lloyds TSB which is now with a collection agency. I am going to court next week for a set aside hearing where I think the debt is statue barred. I have a letter from the agency stating that the "cause of action" I referred to in a previous letter is the default date of Sept 2006 rather than the last payment made which was Feb 2004 and therefore their action falls within 6 years as their claim was made in Dec 2011. I think that flies in the face of this sample letter from MSE below: You claim in that letter that the debt referenced above is not statute barred as the recorded default date is xx/xx/xxxx. I regret to inform you that this interpretation is incorrect and appears to be a deliberate attempt to mislead a debtor regarding the legal standing of a debt. As such, it puts you in breach of the OFT Guidelines on Debt Collection and in breach of the Consumer Protection from Unfair Trading Regulations 2008. Furthermore, should you attempt court proceedings and rely on such a contention, then not only will this matter be defended in full; it will also be referred to the Solicitors Regulation Authority as a breach of their Code of Conduct. Specifically, as an "attempt to deceive or knowingly or recklessly mislead the court". Am I right? I'm beginning to feel very nervous about this. Is this a decent defence? Background is that a CCJ was obtained against me last year in absentia which is why I now have a set aside case. I have full records from the agency and there is no acknowledgement post Feb 2004. The CCJ that was granted was also followed by a charge on my property. Any advice welcome and gratefully received.

Hi all, I've scanned and uploaded two files. The first is the agreement for a Conditional Sale agreement (car loan) and the second is the Terms and Conditions. Could you have a look and see what you think pls? As an aside there's some things to note: - The agreement contains no header at all - The terms and conditions have a completely different address at the bottom (blanked out) than the company address at the top of the agreement. Looking at the T & C's there is nothing on there at all to indicate they are tied to the actual agreement, they look to be just 'found' and tagged on the back of an agreement. - There are a couple of references throughout the agreement to 'clauses overleaf'. If I think the T&C's are faked and just added on now then how can I be sure that these clauses are accurate? - The signatures of mine aren't dated as (long story, condensed) I couldn't get to the sales garage on the day we had agreed to complete the deal so the salesman drove to my house instead, we signed the docs there and I collected the car a day or two afterwards. The sales chap said not to date my signature as it may take a day or two to get all the bits in order so he would date it afterwards for me. Clearly he didn't - but that explains the lack of date! Is anyone able to advise me on this? Is the agreement enforceable? Any advice? Thanks