CCA Requests & 'Non Commercial' Agreements

[MooH8]

Hi All,

Newbie here!

I'm a long standing DMP payer - who's had enough and trying to take back control over my debt situation...

In short about 4 months ago I sent out 9 CCA requests they've all confirmed receipt. 2 CCA's have been returned which I think are compliant, although could probably do with them checked.

1 loan I'm confused about.. it's currently with Cabot but originally supplied by Zopa as a p2p loan. Cabot have sent me a copy of a loan agreement (it's not signed or electronically signed no tick boxes or anything) although my details are on it.
They've advised that the account is defined as 'non commercial' under the CCA. They state 'non commercial agreements, whilst regulated, are expressly excluded from some drafting and procedural requirements under the CCA and it's regulations as defined in the act. Specifically there is no obligation to provide information under section 77 of the act.
As such we will no longer be processing your request and have withdrawn your cca request.

They go on to say that they are able to enforce the credit agreement and obtain a CCJ.

Does anyone have any experience of this and the validity of the agreement and the statement from Cabot? Or is anyone able to review the documents to confirm whether what they state is correct?

Thanks for your help in advance!

[atticus]

The definitions section, s189 Consumer Credit Act 1974, states:

"non-commercial agreement" means a consumer credit agreement or a consumer hire agreement not made by the creditor or owner in the course of a business carried on by him;

Are Cabot suggesting that the original lender was not in the business of lending? You might ask them on what basis they say that this is a non-commercial agreement as the term is defined in s189 Consumer Credit Act 1974.

[MooH8]

So, in reading over the loan contract summary, it does state that it's a non commercial agreement. See attached picture.

Can anyone advise on what the implications are for enforceability under the circumstances?

[PallasAthena]

I imagine that the argument is that it was a Peer2Peer loan not a loan made by Zopa. Zopa provided the platform but wasn't the lender.

Whether this argument is valid as regards CCA I don't know.