Thread: Statements received without CCA

Hi Vixta,

It may depend on what requests you sent to BC.

Did you send an SAR with a £10 fee, and a CCA letter with a £1 fee.

Hi Vixta.

Write back saying they have failed to respond to your formal request for the Credit Agreement. They are now in default and should respond within 7 days.

Enclose a copy of your 1st ltr and close by saying if they have no Credit Agreement available, they should confirm this promptly.

Hi Vixta,

You can't assume that their failure to reply means they have no CA. They are often just rubbish at admin, and will reply when they get their act together.

In the meantime, send this. Adapt as nec'y and omit anything NOT applicable (eg phonecalls) :-

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as 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.

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 not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

I sent BC a full SAR (cca, phone transcripts, etc) and they replied with just statements and said that is all that they hold on file about me. I am only reclaiming charges and PPI+FAP. my account is over 7 years old, so doubt they have my cca as statements from 2002/3 were from microfiche.
How old is your account?

Hi Vixta,

but not many of them were for over the twelve pound they charge now.

Whatever they have charged, you can reclaim it in full.

Is it different claiming charges from the credit cards. Can I just use the Bank charges templates on here? Or do I need to alter them at all?

The main difference is that there is no Stay on CCard claims and BC are repaying simple claims quite quickly. If you reclaim just the charges, you'll get a full refund, usually without the need to file any court claim.

Use this letter for your Prelim and lba. http://www.consumeractiongroup.co.uk...RD-letter.html

Before you start, read right through this thread to see if you fancy claiming Contractual interest. Financially, the rewards are high but BC will not agree to refund. http://www.consumeractiongroup.co.uk...rclaycard.html

You'll have to take court action and they'll only settle just before a hearing date. You'll have to prepare and submit court bundles and pay court fees (which you can claim back from BC).

Have you got on with reclaiming penalty charges on the a/c - this will reduce what is owed on the a/c.

If the a/c was opened online, different rules apply.

Read here - http://www.consumeractiongroup.co.uk...nts-guide.html

and here - http://www.consumeractiongroup.co.uk...le-useful.html