Robinson Way- A proper response to the CCA ?

[c01in]

I CCA requested Robinson Way they ignored me so I grassed them up to the DTI they told the DTI that a copy of the credit agrement was on the way....

 

What arrived were 2 very dark photocopies some of which is illegable and nothing else...no statement of account no copies of any document or information that was mentioned in the original credit agreement...all of which I had asked for in the CCA request.

 

Does their response constitute a proper response to a CCA request.

What should I do next.

 

The agreement is for a credit card the date on the agreement is 29th march 1996.

[shieldblaster]

If the agreement is for that date it would be unenforceable anyway under the statute of limitations.. a debt becomes unenforceable after 6 years as long as you haven't aknowledged the debt at anytime

[Robdblynd]

SoL only comes into play if you haven't paid anything towards the debt for six years or haven't responded to any mail thereby not acknowledging the debt for six years.

 

Think that's how that works.

 

If in your CCA you didn't say that you didn't acknowledge a debt they might argue that by asking for CCA you were in fact acknowledging, they're tricky so n so's.

[rosierose]

Hello c01in

 

Their reponse is not sufficient to discharge their statutory duty. The agreement must be legible and, as you say, must be accompanied by all the trimmings.

 

In your situation I have written to the creditor listing their shortfalls, the consequences of leaving the request unfulfilled and explaining that due to the illegibility of the alleged agreement CCA 1974 s127 would seem to be applicable. I would also be tempted to report their practices to TS and the OFT.

 

Kind Regards

 

Rosie

[diskmandave]

Adding to what rosierose says, Section 1 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 states along with a host of other things that copies of documents must be clearly legible.

 

Regards, Dave.

[c01in]

I haven't acknowledged the debt at all, My only comunication has been to ask For a copy of the agreement.So it would seem that you generaly agree that I should Tell them the copy isn't of any use to me because of it's illegability.I should also inform the OFT.

 

Thanks for the Help. This site is magic. When I was younger If I had a problem like this I would have been very compliant with the DCA.

 

Since I asked for the Agreement and involved the DTI Robinsons has been very very quiet.

[diskmandave]

I CCA requested Robinson Way they ignored me so I grassed them up to the DTI

 

In the first instance that sounds just so wrong, and then all of a sudden it seems so right and sweet!

 

Good for you!

[xxorlsxx]

HiAll,

Someone mentioned that the cca must come with all the 'trimmings' what are they, as r/way have sent me the cca but not a breakdown of the debt that i owe to capital one, does this mean that the cca is not enough on its own to enforce the debt?

[cheesepie]

Hi,

 

I'd like to know exactly what all the 'trimmings' are too.

 

Any help anyone?

[kfdh1962]

that would be what the CCA states as prescribed terms... amount of credit, apr etcs...

[cheesepie]

Thanks, but do you know exactly what they are, as I've been sent a few dodgy looking (and illegible) so called CCA's and I'm just trying to get the truth........

[42man]

Reproduced courtesy of Peter Bard

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

They need to keep documents such as a copy of the agreement for 6 years after the closure of the account to comply with money laundering legislation.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.