Cap1 CCA request

[jon1965]

Re: Cap1 CCA request

Thanks gravytrain

My thoughts were that 127 wasn't applicable but s78 requires a true copy of what I signed and as such because of what i pointed out earlier this would not be a true copy .

My other question is about the 2nd set of T&C's , should they be current or those at default. M1 says it is current or would that be at termination. I know for most of mine the give away would be the order in which credits are applied to the account as I know that changed but not sure of the date

I get more and more confused, for example they are supposed to send a statement but for some of my debts I have not had a statement for several years.

[FlamingParrot]

Re: Cap1 CCA request

I haven't had statements since 2010, last ones were a few months after default. But I'd rather not hear from them, why ask for statements when you're not going to pay… :whistle::whistle:I don't think a statement was included with the CCA request response either but that's not going to make a difference with regards to enforceability, which is all about them proving you signed an agreement containing all the PTs. Even Mayhew lost on s.78!

[jon1965]

Re: Cap1 CCA request

Regular statements are I believe a requirement of something or other and maybe the fact people don't bother sending them suggests they know there is no point.
A signed statement of account is part of a 77-79 request but that can be just your balance is xxxxxx signed stupid idiot from Hull

[gravytrain]

Re: Cap1 CCA request

Yes i think it is the CCA 2006 section 78A, not allowed to enforce whilst in default of issuing annual statement, also not allowed to add interest whilst they have been in default.

[FlamingParrot]

Re: Cap1 CCA request

But if its CCA 2006, would that also apply to pre-2006 accounts?

[gravytrain]

Re: Cap1 CCA request

The agreement requirements apply to an agreement whenever executed I believe.

[jon1965]

Re: Cap1 CCA request

FP I believe it applies to everything from that point. I still get monthly statements from Mint and Natwest cos the buggers won't sell them and also from CL finance who ironically have told me they can not find any agreement. Luckily with them I had sent a CCA request at almost exactly the same time as I got a letter of claim from Howard Cohen (i think it was them ).

maybe we can get some clarification of this from some expert..I will pop and ask one of my friends :rofl::rofl:

[gravytrain]

Re: Cap1 CCA request

2
(1)
Section 77A of the 1974 Act applies in relation to agreements whenever made.
(2)
Section 77A shall have effect in relation to agreements made before thecommencement of section 6 of this Act as if the period mentioned in subsection (1)(a) were the period of one year beginning with the day of the commencement ofsection 6.
3
Regulations made under section 78(4A) of the 1974 Act may apply in relation toagreements regardless of when they were made.
4
(1)
Section 7(3) of this Act shall have effect in relation to agreements whenever made.

[jon1965]

Re: Cap1 CCA request

Just read OFT1272 a guide to S77-79 and I think it says that these statements are due even if an account has been terminated as long as there are still monies due. It does not include accounts where judgements have been obtained (unless there is provision for post judgement interest)
Then it says this
It should be noted that, while the obligation under section 78(4) to
provide periodic statements in relation to running-account credit
agreements does not apply to small agreements, no such exclusion
applies in relation to the provision of copies and statements on a request
under section 78(1).

I do hate legal speak

[FlamingParrot]

Re: Cap1 CCA request

Uhmmmmm, not seen a statement since 2010 and only one account got sold, to 1st Crud, haven't received any NoAs for the others. Maybe that means monies are not due… :flypig:

[gravytrain]

Re: Cap1 CCA request

Just read OFT1272 a guide to S77-79 and I think it says that these statements are due even if an account has been terminated as long as there are still monies due. It does not include accounts where judgements have been obtained (unless there is provision for post judgement interest)
Then it says this
It should be noted that, while the obligation under section 78(4) to
provide periodic statements in relation to running-account credit
agreements does not apply to small agreements, no such exclusion
applies in relation to the provision of copies and statements on a request
under section 78(1).

I do hate legal speak

It just means that the requirements do not apply if the agreement is under £50 but 78 copies should be supplied anyway

[gravytrain]

Re: Cap1 CCA request

Uhmmmmm, not seen a statement since 2010 and only one account got sold, to 1st Crud, haven't received any NoAs for the others. Maybe that means monies are not due… :flypig:

They only have to supply a statement to comply, although they cannot add interest for any of the period of none compliance.

[jon1965]

Re: Cap1 CCA request

Here's hoping!

[jon1965]

Re: Cap1 CCA request

Well thanks to someone who does know what she is talking about the rules are
If you are paying you should get a statement every year
If you are not paying then you should get a notice of sums in arrears every 6 months

Both are fixable but until they are fixed the creditor can a) not enforce b) apply interest. Even once fixed they can not apply interest for the duration of the default

[gravytrain]

Re: Cap1 CCA request

Well thanks to someone who does know what she is talking about the rules are
If you are paying you should get a statement every year
If you are not paying then you should get a notice of sums in arrears every 6 months

Both are fixable but until they are fixed the creditor can a) not enforce b) apply interest. Even once fixed they can not apply interest for the duration of the default

I am pretty sure that annual agreements must be provided whilst there are outstanding liabilities under the agreement irrespective of account status.
The rest is as said earlier