Dear Sirs,
Account no xxxxxxxxxxxxxx
NOTICE OF FORMAL COMPLAINT
Re: my request under the Consumer Credit Act 1974
You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78 that you have a duty to supply either as equitable or as absolute assignees of this account under CCA s(175,189) . To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974
For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…
78 Duty to give information to debtor under running-account credit agreement
(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.
Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;
May I draw your attention to the Office of Fair Trading’s guidance on
debt collection
The OFT guidance 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
Examples of unfair practices are as follows:
2.6{h}
Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.
2.8{k}
Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
Due to your failure to comply with the above guidelines , please supply me with a copy of your complaints procedure by return of post.
What I Require.
I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974 . If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.
I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well
I trust this outlines the situation
Advise Needed. CCA request sent and have had a letter back??
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