Thanks CB, I've had a quick look, but I'll need to go back later and read through properly as I'm only in and out for a few days.
SB100, this is the letter I sent them. Feel free to use it if you would like - it's a mix of several I've found throughout the site, along with a bit I like about the final response (courtesy of CB
). If you have your own thread I'm sure you'll get ideas from that too, so you really have to decide what you're happy with sending.
I tend to explain exactly what I want (and what they know they should have supplied) in order to give them as little wiggle room as possible, but I know other members who prefer to be more vague when sending the non-compliance letters for precisely that -
because they know what they need to do.
Re − Account Number xxxxx
Thank you for your recent letter sent to me, postmarked xth October and received on the xth October, the contents of which are noted.
I note that you have replied to my request by sending a copy of the current terms and conditions associated with the account. I must inform you that this is not sufficient to comply with my request and that your company is still in default under the Consumer Credit Act 1974 (the Act).
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account, providing that a fee of £1.00 is paid. This fee was sent with my original letter, received at your offices on the xxth September.
Sending only the current terms and conditions is a breach of the Act and Consumer Credit (Agreements) Regulations 1983 as, apart from the information that the regulations provide that you may exclude, the copy must be a “true copy” of the
agreement. For the avoidance of any doubt
section 3(1) of the 1983 regulations shows that, subject to certain
limited exceptions, any copy of an unexecuted agreement must be a ‘true copy’.
This means that it must be identical to the agreement as presented or sent to the debtor for signature.
Section 3(2) of the same regulations states what may be excluded from copy documents:
There may be omitted from any such copy- (a) any information included in an executed agreement, security instru*ment or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy.
What you have sent me does not have the required inclusions, and is not in the correct form.
As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law, as shown below.
s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor
If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.
You had until the 15th October 2008 to provide me with the true copy I requested. After that date you entered into, and currently remain in, default of my request.
In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection which was issued July 2003 (updated December 2006), relating to debt collections and what the OFT considers unfair. I have enclosed an excerpt from page 5 of the guidance which states:
2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment 2.8 Examples of unfair practices are as follows: k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
Whilst the account remains in dispute (for clarity, the lack of a compliant credit agreement is a very clear dispute), under
section 78(1) of the Consumer Credit Act 1974 you may not enforce the agreement. This includes, but is not limited to, the following:
-You may not demand any payment on this account, nor am I obliged to offer any payment to you.
-You may not add any further interest or charges to this account.
-You may not pass this account to any third party.
-You may not register any information in respect of this account with any of the credit reference agencies. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent (given in the form of a signed credit agreement) will be met with a complaint to the Information Commissioners Office.
-You may not issue a default notice related to this account.
Please note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.
I am also giving formal notice that under Section 10 of the Data Protection Act I require you to cease processing any data in relation to this account with immediate effect.
I would ask that if it is not your intention to fully investigate my complaints, that you advise me of your final response at the earliest opportunity in order for me to escalate my complaint to the Financial Ombudsman Service.
Also, please ensure you enclose a copy of your standard complaints procedure so that I am aware of the timescales afforded to you.
I look forward to your prompt reply.
Yours sincerely
Don't forget - do not sign it!!!
Hope this helps
Lexis
Re: Lexis200 V Capital One (CCA) 
I can put up shelves and stuff, but the scanner gets me every time.