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im wondering if anyone can shed some light on a few points for me, ive recently sent my cheque off to get a copy of my CCA needless to say the company sent me a 'reconstituted copy of my CCA' i sent them a letter back saying unless they can provide my true copy then the accounts is in dispute and im not paying, they haven't replied and said the case is closed and i owe them. what can i do because all they keep saying is this is damaging my credit if i dont pay, is there anyway this debt is enforceable without a true signed CCA? is there anything i can do about the company not providing me with a signed copy and still requesting money
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Re: unsigned CCA
Whilst it is true a 'reconstituted' agreement will satisfy the 'request for information' that is Section 78, it does not satisfy the requirement of Section 61.
This is also laid out in the Waksman judgment. Waksman also goes one step further and determines that where an agreement has been varied (say by altering the interest rate or repayment rate) then the creditor must provide a copy of the original compliant agreement to enforce it in a court.
However, just because a creditor has not produced the correct documentation at this stage does not mean they don't have it, just that they do not wish to expend money retrieving it from whatever archive it is in. If the debt is for a significant amount (I would hazard over £5000 would be a 'tipping' point) they may well go further to retrieve it to ensure you keep paying the debt.They were out to get me!! But now it's too late!!Comment
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Re: unsigned CCA
This is why a lot of people are mentioning CPUTR 2008 in their CCA requests now - it asks if they hold or have ever held a true copy of the agreement.
It doesn't say they have to produce it, but can be a useful addition to a CCA request.Comment
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