BB as a Business Challenges Nat West Commercial

[BeauBrummie]

Think I may have overstepped the mark with this one, not realising that Commercial credit card accounts were different to normal, I requested the agreement under s77 & s78 of CCA.

Robinson Way have been charged with collecting from me, and so request was sent to them 10 March 08. Had an ackowledgement back a few days later and since then nothing until today.

They have sent me a very poor copy (So bad that it is uninteligable) of the "Sole Trader Upgrade Application Form" which is basically a peice of paper with some personal details on signed by me (Sept 04) with a few additional notes about how Nat West use my information.

Covering letter with this says " Enclosed document for your immediate attention " and " we need to here from you in 7 days with your proposals for payment which is now long overdue".

My advice needed here is can I pursue this as it is commercial ?

And if I can, point me in the direction of letter which says they have not complied with my request and have now defaulted on time to supply me under s77 & s78.

Thanks people

BB

[BeauBrummie]

Have noticed that what they have sent me is headed "Credit Agreement Regulated by the Consumer Credit Act 1974" So I think I may be ok making the request as I have.

So I on these forums somewhere is a letter that begins " Thank you for your letter regarding my request and I am pleased to see that you have provided me with the agreement ------ and so on or something like that !!!

Anybody any ideas where it could be as I dont think it is in the templates (Suggestion)

Thanks

BB

[BeauBrummie]

Bump

Any suggestions anyone

BB

[BeauBrummie]

Bump

[cashins]

Hi BB

If it is a business debt CCA 1974 does not apply. However they responded to your Sec 78 request, which is a little strange. Can't help you on this other than to state the obvious which is that if they can't come up with an agreement that works in court they are stuffed anyway.

Anyone out there up on business debts?

David

[BeauBrummie]

Originally Posted by cashins

Hi BB

If it is a business debt CCA 1974 does not apply. However they responded to your Sec 78 request, which is a little strange. Can't help you on this other than to state the obvious which is that if they can't come up with an agreement that works in court they are stuffed anyway.

Anyone out there up on business debts?

David

Thanks Cashins,

The piece of paper they have supplied in response to my request is headed "Credit Agreement Regulated by The Consumer Credit Act 1974"

Which why I would like some clarification

BB

[BeauBrummie]

Ok I am going to send this response to R/way as I beleive that this is a valid CCA request unless anyone tells me different ??

I refer to your response to my request under the Consumer Credit Act.

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 8 September 2004. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.


You had until 31 March 2008 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from 30 April 2008 it became a criminal offence for you not to supply this information a fact that I have yet to seek any recourse, or report to the relevant authorities.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

BB

[Goldlady]

Hi I have read somewhere that the CCA74 does apply to sole traders, depending on the amount of the debt. I have no idea where I read it (on here somewhere) but that would seem to tie in with them responding as they did.

So do what you are doing is my thought

[BeauBrummie]

Originally Posted by Goldlady

Hi I have read somewhere that the CCA74 does apply to sole traders, depending on the amount of the debt. I have no idea where I read it (on here somewhere) but that would seem to tie in with them responding as they did.

So do what you are doing is my thought

Thanks Goldlady,

Thinking about it you have a valid point for sole traders, because of their status, they have to bear any liabilties personally, as opposed to other legal entities that would have "Limited Liabilities" and only in very rare circumstances would ever be pursued for a commercial debt.

BB

[Goldlady]

I am not sure but I also think it applies to small Limited Companies - but I could be wrong..

[cashins]

The piece of paper they have supplied in response to my request is headed "Credit Agreement Regulated by The Consumer Credit Act 1974"

Then it doesn't matter what it says on the top, the rules apply.

David