S77cca request - yes or no??

[Guest]

Re: Cabot have passed the debt to solicitors

No theory Warick65 fact. The whole world is run on transactions, this is the case here.

[warwick65]

Re: Cabot have passed the debt to solicitors

The Op asked for help,it has been given. I will not discuss this further here.
Maybe@kati the irrelevant posts could be hived off to the lamppost for discussion.

[Guest]

Re: Cabot have passed the debt to solicitors

Have i not given op help

[warwick65]

Re: S77cca request - yes or no??

The title of this s thread is s77 request yes or no.

In in my opinion the answer is yet especially if the account has been sold to a debt purchaser.

There is is a valid argument to say you shouldn't and I see that as well. Certainly the longer you leave it before sending the request the less likely it will be they can find the agreement.

This is not about debt avoidance, it's about managing your circumstances the best way you can although the irresponsible lending of say 2003 ish onwards is an outrage.

Does anyone one wonder why banks were making huge profits and paying huge bonuses or what led to the crash?

[warwick65]

Re: Cabot have passed the debt to solicitors

Have i not given op help

Frankly no

The advice is poor and could lead to more trouble.
There is also an argument that you could be personally liable for bad advice

The goodf three letter process is a liability and should be scrapped and any process asking for documents re started.

[Guest]

Re: S77cca request - yes or no??

What part of my advice is poor?

I am saying ask for the agreement and you are saying the same only with the added £1, preety much the same really

[warwick65]

Re: S77cca request - yes or no??

What part of my advice is poor?

I am saying ask for the agreement and you are saying the same only with the added £1, preety much the same really

It is not the same thing

By sending the fee the debtor is placing legal obligations upon the creditor to supply certain documents which, if they can not do, is a reason why they can not enforce in court.

You have made it quite clear that you do not agree with us mere mortals using the law to aid our cause and that you are on the side of the institutions and their profit. hence, by not using S77-79 you are putting the debtor at a disadvantage which, in my book is bad advice.

Maybe, you do not 'get' the importance of S77-79.

[Kati]

Re: S77cca request - yes or no??

The way I understand it is that s77 covers "fixed sum" credit (loans etc...) s78 covers "variable" credit (credit cards/catalogues) and s79 covers HP agreements?
and ... according to legislation.gov, a fee of £1 is due for each of them:

http://www.legislation.gov.uk/ukpga/1974/39/part/VI

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)


The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£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 total sum paid under the agreement by the debtor;
(b)
the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)
the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

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 [£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.

79 Duty to give hirer information.

(1)

The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of [£1], shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.

(2)

Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the hirer, or

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(3)

If the owner under an agreement fails to comply with subsection (1) —

(a)

he is not entitled, while the default continues, to enforce the agreement;

Here's the guidance from the FCA - https://www.handbook.fca.org.uk/handbook/CONC/13.pdf