CCA -12 day rule

[whatnest]

I have requested a CCA for my Credit Card with HSBC. 20 + days have now passed with no sign of the agreement. What action can i now take ???
Is the agreement now unenforceable?

[frisp]

Re: CCA -12 day rule

They have 12 working days plus 30 calender days to comply (basically 44 days).

If they fail then write to them again requesting the documentation within 10 days. Should they again fail complain to the OFT (form is on their web page) and your local trading standards.

[Angry Cat]

Re: CCA -12 day rule

The time frame for compliance is in fact, 12 + 2 days.

[Angry Cat]

Re: CCA -12 day rule

whatnest, the following may be of benefit to you:
http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

[frisp]

Re: CCA -12 day rule

The time frame for compliance is in fact, 12 + 2 days.

12 plus 2 it is but you should still allow the 30 days before making a complaint and placing the account into dispute.

[diddydicky]

Re: CCA -12 day rule

12 plus 2 it is but you should still allow the 30 days before making a complaint and placing the account into dispute.

is there any such thing as "placing the account into dispute"?

as far as i am aware if the creditor fails to comply within 14 days then the ONLY sanction on the creditor is that he cannot enforce the agreement whilst he remains is default

i think personally that it is a fallacy to belive that you can lawfully "put the account in dispute" or "stop making payments" simply due to the creditors failure to comply with s78

certainly a "dispute" May exist (with regard to the creditor failing to comply with s78) but this is NOTHING to do with the actual agreement- or any of its terms themselves being in dispute

Adcising folk to stop payments, for instance in order to force the creditor to comply is an "option" where your requests are being ignored- is unwise if they want to preserve their credito status and will also not be looked on favourably at a later date if the matter gets to court since there is (IMO) no lawful backing for such action and itWILL result in adverse information on your CRA files which would be irreversable

[frisp]

Re: CCA -12 day rule

is there any such thing as "placing the account into dispute"?

as far as i am aware if the creditor fails to comply within 14 days then the ONLY sanction on the creditor is that he cannot enforce the agreement whilst he remains is default

i think personally that it is a fallacy to belive that you can lawfully "put the account in dispute" or "stop making payments" simply due to the creditors failure to comply with s78

certainly a "dispute" May exist (with regard to the creditor failing to comply with s78) but this is NOTHING to do with the actual agreement- or any of its terms themselves being in dispute

Adcising folk to stop payments, for instance in order to force the creditor to comply is an "option" where your requests are being ignored- is unwise if they want to preserve their credito status and will also not be looked on favourably at a later date if the matter gets to court since there is (IMO) no lawful backing for such action and itWILL result in adverse information on your CRA files which would be irreversable

Just so we're clear - I didn't advise anyone to stop paying, even though its a an option that will most likely grab the offending organisations attention.

IMHO, it still advisable to wait for 30 days before making a complaint to any of the regulatory bodies that you have a 'dispute' and require their assistance to have it rectified.

the useful addition of 'the only sanction on the creditor is that he cannot enforce the agreement whilst he remains is default' would have been enough.

Quibbling over another persons words seems a nugatory activity especially when one is trying to help another.

[Garlok]

Re: CCA -12 day rule

Unfortunately DD there has to be some legal basis for "putting and account into dispute". I would not say that a failure to comply with a s78 request is grounds enough. However in our own cases we had a running complaint with the card company for two years which they would not address. Following an unlawful action on their part we gave them unitl a set time on a set date to come to the table and sort it all out, otherwise all payments will cease at that time.

It was at this point that we instructed legal professionals and at no time have we been instructed or advised to continue payments.

Further, at no time has a section78 request been made by either by us or our solicitors, SARs have been made and partially responded plus we paid for more investigative work as the disbursements were higher than the statutory charges for SAR alone. Yet this panicked the creditor in that we and our solicitors were bombarded with correspoindence related to our s78 requests. Which had never been made.

All of the correspondence we hold starts with "This account is in dispute" or "These accounts are in dispute" on their headed notepaper. The creditor has been informed that the only resolution to this dispute is going to be via the courts (and we will be defended at no fruther cost to ourselves).

Therefore whilst I agree in principle that a s78 request failure may not be grounds enough in itself there is a mechanism somewhere in the system to deal with this issue.

regards
Garlok.