CCA Timeline

[harveypat]

Hi

I'm seeking a little help and guidance if anyone can help...please

Can someone please confirm how long it should take for DCA to compile a CCA together. In February I requested a CCA after a Statutory Demand was served on me. Within 12 days I received an acknowledgement letter from DCA stating they would compile all info and forward it to me. 6 months later I received a brown envelope containing a lot of statements and what could be deemed to be an unsigned CCA. How do I stand on this ? Is there a time span that they have to send out CCA to you ?

Thanks

[basa48]

Re: CCA Timeline

The law normally requires a CCA request to be complied with in 12 days (most people allow 14 to allow for postage). After that time a creditor should not proceed to enforcement (Court).

However creditors are allowed to 'reconstruct' CCAs by either setting out the main terms & conditions or forwarding an unsigned CCA reflecting what you 'would have signed' at inception of the agreement. This sounds like what they have provided when you say "what could be deemed to be an unsigned CCA". This satisfies the requirement.

When was this credit agreement first entered into, when did you stop payments, did you receive a default notice ?

What happened with the Stat Demand?

[Blaz]

Re: CCA Timeline

However creditors are allowed to 'reconstruct' CCAs by either setting out the main terms & conditions or forwarding an unsigned CCA reflecting what you 'would have signed' at inception of the agreement. This sounds like what they have provided when you say "what could be deemed to be an unsigned CCA". This satisfies the requirement.

I thought you could request a "true" signed CCA, otherwise couldnt they accuse us all of owing money for debts that dont exist by sending us blank unsigned contracts claiming it represents what we originally signed.

[Wombats]

Re: CCA Timeline

I thought you could request a "true" signed CCA, otherwise couldnt they accuse us all of owing money for debts that dont exist by sending us blank unsigned contracts claiming it represents what we originally signed.

There is no requirement to provide a signed agreement.

[harveypat]

Re: CCA Timeline

Where do I stand regarding the timeline on this request ? I requested the CCA in February and they acknowledged my letter of request within 12 days, I then received it in August !

Still worried !

[Wombats]

Re: CCA Timeline

You seem to have two threads going re this. Perhaps site team could merge them.

The other is here: http://www.legalbeagles.info/forums/...ement&p=471520

[basa48]

Re: CCA Timeline

I thought you could request a "true" signed CCA, otherwise couldnt they accuse us all of owing money for debts that dont exist by sending us blank unsigned contracts claiming it represents what we originally signed.

Following the Carey v HSBC test case (from memory) it was ruled that the creditor could provide a 'reconstructed' agreement for the purposes of S78 requests (quote) a creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself. (unquote)

However Judge Waksman also went onto say that S78 was only for 'information purposes' not 'proof purpose'. For proof purposes he said (quote) If he (the debtor) does and for example asserts positively that although he has been using a credit card agreement for years he never actually signed an agreement, or one that complied with s61, the creditor may well have to try and find the original in order to deal with that allegation. (unquote).