Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[archer_66]

yaffsimone you say that if the CCA turns up months yrs later they can enforce...but how long down the line can they do this? is it til the 6yrs runs out? if so where does the time start running from? the poing where you ask for the CCA? also do they then have to get a court order to enforce it?

many thanks

[singletracker]

yaffsimone you say that if the CCA turns up months yrs later they can enforce...but how long down the line can they do this? is it til the 6yrs runs out? if so where does the time start running from? the poing where you ask for the CCA? also do they then have to get a court order to enforce it?

many thanks

 

Can they enforce the entire debt, including anything prior to supply of the Credit Agreement or is it debt incurred after CCA complied with they can pursue?

Seems to me that if is the former, these companies can do whatever they like with little actual control over their actions given that TS don't want to take any action.

[yaffsimone1]

yaffsimone you say that if the CCA turns up months yrs later they can enforce...but how long down the line can they do this? is it til the 6yrs runs out? if so where does the time start running from? the poing where you ask for the CCA? also do they then have to get a court order to enforce it?

many thanks

 

If they keep in contact with you and visa versa by chasing the debt the statue limitations will not apply. That only applies if they have failed to keep in contact in six years from the last date of contact. I have not seen an exact time scale the OFT just state that it can be enforced when the agreement is produced. It would be interesting to know if anybody is aware of any timescale on this.

[yaffsimone1]

Can they enforce the entire debt, including anything prior to supply of the Credit Agreement or is it debt incurred after CCA complied with they can pursue?

Seems to me that if is the former, these companies can do whatever they like with little actual control over their actions given that TS don't want to take any action.

 

They can enforce the whole debt. The agreement refers to the whole period of the debt, from the day you received the card or loan.

 

I know its bo***ocks but if they produce what was asked then there is not much that can be done. Even if it is e.g 8 years down the line!

 

But i very much doubt if that will happen most agreements get produced relatively quickly, they cannot keep everybodys paperwork forever!

[gizmo111]

I know its bo***ocks but if they produce what was asked then there is not much that can be done. Even if it is e.g 8 years down the line!

 

!

 

No - the Limitation Act wil lapply after 6 years, if you haven't acknowledged the debt or made a payment in this time then it will be time barred.

 

But i very much doubt if that will happen most agreements get produced relatively quickly, they cannot keep everybodys paperwork forever

 

If they have the agreeemnt they wil llet you have it pretty quick, ifthey haven't then make an full and final offer and put the debt to rest. Not producing the agreement doesn't make the debt non exixtant it makes it unenforceable, which in theory doesn't stop them chasing it.

[yaffsimone1]

No - the Limitation Act wil lapply after 6 years, if you haven't acknowledged the debt or made a payment in this time then it will be time barred.quote]

 

What if you do acknowledge the debt then surely the limitation does not apply, they can produce the agreement whenever.

[joesoap]

No - the Limitation Act wil lapply after 6 years, if you haven't acknowledged the debt or made a payment in this time then it will be time barred.quote]

 

What if you do acknowledge the debt then surely the limitation does not apply, they can produce the agreement whenever.

 

You could have originally acknowledged the debt but not made a payment for six years. If that's the case, then you can't be persued.

[sequenci]

 

If that's the case, then you can't be persued.

 

yes you can, it's just that (court) action cannot be brought against you. they *may* still try and chase although the OFT states this is an unfair practice within their guidance on debt collection.

[sequenci]

No - the Limitation Act wil lapply after 6 years, if you haven't acknowledged the debt or made a payment in this time then it will be time barred.quote]

 

What if you do acknowledge the debt then surely the limitation does not apply, they can produce the agreement whenever.

 

i'm not sure what you mean here?

[yaffsimone1]

What im trying to get at is, regardless of whether you are making payments or not if the DCA / Creditor is writing to you and you are replying that is classed as being in contact. Letters can keep going backwards and forwards for say 8 years you cannot then turn round and try and enforce the limitations act because 6 years have passed, because, you have kept in contact with them.

[ian1969uk]

What im trying to get at is, regardless of whether you are making payments or not if the DCA / Creditor is writing to you and you are replying that is classed as being in contact. Letters can keep going backwards and forwards for say 8 years you cannot then turn round and try and enforce the limitations act because 6 years have passed, because, you have kept in contact with them.

 

But if you know the debt is not enforceable, then why would you reply?

 

Just ignore whatever they send.

[yaffsimone1]

This quotes thing is not working i did not say 'If that's the case, then you can't be persued'

[yaffsimone1]

But if you know the debt is not enforceable, then why would you reply?

 

Just ignore whatever they send.

 

Because im not into ignoring what they send, If you continue to ignore these people rather than challenge them about thier actions they will keep doing it!

[FED UP2]

Not sure if ayone can help me . I am trying to help my son sort out his finances one of which is with Welcome finance. He had a personal loan from them, defaulted on payments and now owes three times more than the original loan. I was considering requesting details to his account under DPA but wondered if it was worth requesting this original credit agreement as well or instead of.

This comany are loan sharks of the worst variety and I was wondering if we could forcethem into court to explain thier handling of the account.

They have hreatened my son with court action on numerous occasions but I dont think they will take him to court as they know they could be forced to disclose thier policies on default charges and the like. They even charged him £100 for sending one of thier heavies to his house to frighten his girlfiend and daughter.

 

He is desparately trying to sort his finances out but this company are making it very hard.

 

Any advice on the best way forward would be appreciated.

[sonway]

Request credit agreement! Take my word! Me and my husmband had two years of living hell with them. Our loan turned out to be unenforceable because the credit agreement was wrong. We were harassed so much by them we moved out of our own home and put it up for sale to pay them off. Thank god we found out about the credit agreement before we sold! We moved back home and told them to get stuffed and that they would get there money in line with other creditors. I currently have a complaint in process with the CCTA aginst them for their harassment of us. Dont let your son give up, he will beat them x

[FED UP2]

Thanks for that information. How long should we give them to supply this original agreement. How quickly did you get yours, and what can wedo if they dont respond to our request.

 

Thank You

[sonway]

We gave them 40 days as you would with the banks. We recieved them on the 38th day. If they dont respond report them to the information comissioner.

[FED UP2]

Did you send the £10 fee with your request

[sonway]

yes

[FED UP2]

Thank You

 

Who are the CCTA

[sonway]

The consumer credit trade association. I raised my first complaint with them in 2004 and welcome denied any wrong doing. When i requested statements of the account the prats sent me copies of the notes that they made when trying to collect the debt. I now have evidence of :Calls at midnightseveral house calls in a weekphone calls several times a day to our home phonecalls several times a day to our work placesknocking on neighbours doors to see where we weretelling me to sell valuablesasking us to borrow money from family/friendsvisits to our work places.I intend to take them to the cleaners!Will keep you posted.

[FED UP2]

Just one more question and I'll leave you in peace.

 

Do you have an address for the CCTA.

 

Thanks very much for your help

[Pliny the Penuriosus]

FED UP2 I strongly suggest you take the time to read the FAQ's followed by another members Welcome thread before you proceed.

 

I don't speak for the site & I am not criticizing you as I realize your new but it's a fact that a lot of experienced members will not respond if they think you haven't at least taken the trouble to learn some of the procedure & it's clear from your questions you haven't.

 

If you do as I suggest it will really boost your confidence & your queries will be more readily responded to I'm sure

[bluedannyw]

I have had applicatioo form sent to me with my signature on it. But the american express authorised signature part has not been signed. Someone posted earlier the debtor's signature does not need to be on the form, what about the creditor's signature?

[archer_66]

as far as im aware they both need to be on the form,i know they allowed for some reason to cover up the signature but itts my understanding that they would still need to produce the CCA signed and properly executed in court ir they take it that far.