stuffthebanks' UE diary

[Still Waving]

If this is running-account credit (ie a credit card) the creditor is also obliged to send statements of account annually.

With regard to the CCA74 request, a couple of extracts from https://www.legislation.gov.uk/ukpga/1974/39/section/78

"78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor."

and

"6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; "

[Dottir]

If I am correct they also need to send a statement of account which is just the balance but crucially any varied terms as at the date of default. Now I don’t know when you defaulted but look at the default charges for missed payments etc. These were changed to £12 at some point. Maybe 2006

[stuffthebanks]

Cheers again Dottir,
It's been a long time since I last went through any of this, so my memory is rusty as heck.
So, for the benefit of a rusty old brainbox.....
I requested a copy of my CCA, they returned with what I know to be the original copy.
Terms and conditions also sent, and are same as original, I know this for sure because I still have the original copies.
Where I struggled to remember, is, does that satisfy legally with all that is needed from them?
Where I am confused is the mention that they are unable to supply statements as per my request.
Am I missing something here, or should I be digging deeper?

Cheers again for the feedback, really appreciate your advice.
??????

[Dottir]

There could be lots of reasons for it to be unenforceable.

Some are
An agreement that does not contain all the prescribed terms in the prescribed manner
An inability to provide all the terms and and conditions- for example it may say somewhere see arms overleaf but they are not there
A bad default notice- particularly if it is a credit card
A poor assignment
Something in the agreement between the OC and the new owner that does not allow for action (this is a guess on my part to explain why Cabot did not take me to court over a perfectly (or so it seemed)agreement, response to a CCA request and default notice but they closed the account).

[stuffthebanks]

Cheers Dottir,
Taken out 2004.
I still have the original agreement from then, everything they sent recently is the same.
It was just the statement of account they said they couldn't provide which confused me.

Thanks again for your reply.

[Dottir]

When was the account opened? If it was before April 2007 they can still be unenforceable even if a perfect copy. Depending on what it is for will depend what it needs to include.

[stuffthebanks]

Thanks both for the response.
Great to know we still have the benefit of good advice.
My request to see if anyone was still looking at CCA,s was in anticipation that I might receive one or 2 from very old debts , sold several times.
I've held of request for my cca for this long in the hope they were no longer available.
My response so far has been the current debt vultures are awaiting information from the original creditor.
It's been 25 days from my sending request.
I have been making token payments over 10 year period, and now my credit file is clean I will stop making payment.
If I do get anything back, it's good to know niddy and you guys are still around.
As a final question on this for now, I have received one CCA back, I know it's ok because I still have the original from taking on the account.
I am confused though when the current debt vultures adds they are unable to supply statement of account.
Puzzled because I have received regular statement from the current holders of debt.
Apologies if that all sounds mixed up.

All the very best

[Still Waving]

When was the agreement taken out? Pre-2007 ?

You can probably do some basic checking yourself.

The agreement should contain your name and address (at the time of the agreement), and should contain a heading prescribed by the CCA (ie that it is a credit agreement regulated by the Consumer Credit Act 1974) and any relevant cancellation notice. It should also contain (as part of the agreement document) a complete set of terms and conditions, including the rates of interest and fees, the initial credit limit. They should also include any other document referred to in the T&Cs. The document should be clearly legible.

Where the T&Cs have been varied they should also send a copy of the latest T&Cs. A Statement of Account should also be sent.

This is not necessarily a comprehensive list of the creditor's obligations in responding to your CCA74 request, but it may help you to see if there is anything missing.

[Still Waving]

Still only Niddy as far as I'm aware, but I haven't seen any posts for a while. I did email him in case he hadn't checked in & seen all the spam but haven't heard back.

Niddy was last on-site 4 days ago.

I think TC had a lot on his plate so-to-speak away from AAD, probably the reason for his absence.

[Night Monkey]

Still only Niddy as far as I'm aware, but I haven't seen any posts for a while. I did email him in case he hadn't checked in & seen all the spam but haven't heard back.

There also seems to be a lack of mods around, I don't think TC's posted since November. You're right it has quietened down lately, probably due to a combination of the spam and the recent spats putting off casual visitors.

If this continues, sad as it is to say it, I think the site's dead in the water.

[stuffthebanks]

Good afternoon all,
I just wondered if anyone is on AAD who looks at CCA paperwork.
Seems very quiet from when I posted a while back.
Cheers

[stuffthebanks]

No one posting

[Still Waving]

There is plenty of information to be gleaned from reading various posts and answers. The observations I made were all based on reading.

Not everyone bows at the alter of long diaries. Maybe Steve doesn’t want to do a diary- that is personal choice.

By the way Roger you are tagging some poor random poster from before, not this Steve?

Enough already!

[Pat]

There is plenty of information to be gleaned from reading various posts and answers. The observations I made were all based on reading.

Not everyone bows at the alter of long diaries. Maybe Steve doesn’t want to do a diary- that is personal choice.

By the way Roger you are tagging some poor random poster from before, not this Steve?

[Roger]

Pat without a diary can't really comment because often the diary reveals something which has been completely overlooked.

Am awaiting the fruits of the homework and DIARY from Steve

Wow.....
Much to think about...
I may have some old paper work in my loft.
This will be my homework this afternoon when I finish work.
Thank you for the feedback, it's always received with gratitude.

Steve