Consumer Credit Act 1974 -HELP PLEASE

[gherks]

Hello!

 

I sent the following letter to a DCA :-

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

We look forward to hearing from you.

I've had a standard 'debt on hold for 30 days whilst we investigate' response from them.

Am I right in believing that if they have not supplied me this information within 12 days, its not legally enforceable?

Can someone please kindly reply and advise?

Thanks!

[sequenci]

you're quite correct!

[steven4064]

If they have not replied within 12 days the debt is in dispute and they cannot add interest or charges, nor can they assign it to someone esle, out default notices on you, etc. They have 30 days in which to supply a copy of the properly executed (ie signed) agreement and if they don't they commit a criminal offence and the debt is unenforceable.

 

Steven

 

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[mandym501]

Hi.

 

i'm new to the site and not sure if this is the right place to post.

 

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

 

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

 

Any advice would be greatly appreciated.

 

mandy

[steven4064]

It's enforceable if it's enforceable, if you see what I mean

 

It must have your signature and all the terms prescribed in the regulatins - oterwise it is not enforceable. Perhaps you could post it here (personal details removed) so we can have a look.

[mandym501]

mandym501 - Photobucket - Video and Image Hosting

 

The documents are here - I'm not sure if it's the original because it is a fax.

 

i thought they had to send it to me before the time limit to be enforceable

 

Thanks

mandy

[steven4064]

Mandy

That agreement is enforceable only if pages 1 & 2 are the same document - part of te same page or back and front of the same page. Also they don't have "Your right to cancel" so they should have sent you this within 7 days - did they?

[mandym501]

Mandy

That agreement is enforceable only if pages 1 & 2 are the same document - part of te same page or back and front of the same page. Also they don't have "Your right to cancel" so they should have sent you this within 7 days - did they?

Hi,

 

I'm not sure that they did. The loan was taken out in 2006 -- I was ill at the tme and honestly don't remember signing for it . I had an over draft with tsb. They sent me out this loan application to clear the overdraft.

[steven4064]

Have you sent a SAR? If not you could explicitly ask for a copy of all correspondence relating to the loan (don't mention cancellation rights) and see if tey send it to you.

[sequenci]

Where was the credit agreement signed?

[mandym501]

Where was the credit agreement signed?

Hi,

 

Thanks for your reply. They posted it out to me. I signed it and sent it back.

 

Mandy

[fredlenard]

does anyone have details regarding the tv documentary (not sure which channel) of about two months ago concerning a couple from the midlands (I think) who used the CCA to wipe out their debts, only to come a cropper because they then went to court over some issue?

Edited December 31, 2008 by fredlenard
forgot to say thanks and happy new year

[steven4064]

Hi fredlenard

 

Welcome to CAG

 

If you are referring to the Rankines (which I guess you probably are) they tried to use the CCA to avoid legitimate debts (in fact debts, it seems, specifically entered into with the intent of avoiding them on that basis). They didn't lose because they went to court about something else. IMHO, tHey were jolly lucky not to be done for fraud.

 

CAG is very happy to help people deal with debts and with creditors but we cannot condone avoidance of legitimate debts.

[mattyarmouth]

What has happened with this? did they take you to court?

 

 

Please help with my case

http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926