Thread: Banks turning nasty, advice needed about CCA

Moving this thread to the debt collection Forum, where you should get some more help and advice...

Originally Posted by MYSOMTOM56

Thank's so much for your reply, I have been worrying about this situation for ages now, it's good to know people are willing to help with advice

Hi MYSOMTOM, you're doing all the right things. Sending the CCA letter off is the first step - now you have to wait for the replies. When you get the replies, whatever they are, scan them and post them up on here so that people can advise accordingly - don't forget to remove personal details, barcodes etc.

There have been plenty of cases on here where, sadly, the banks will not take your circumstances into consideration. Your reaction is easily understood by everyone on here because to varying degrees, we've all suffered in a similar way.

It would be worth reading this thread: http://www.consumeractiongroup.co.uk...tion-plan.html so that you know how to deal with the inevitable telephone calls that will come.

You'll get plenty of advice and support on here.

Good luck.

Regards.

Fred

This is the follow up letter if they have failed to respond to your CCA request -

Send by recorded....and edit as required

Account In Dispute

Ref:

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(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.

As 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.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Sorry to say it but it seems the t's and c's are there and if this is from 2007 then all is needed is a tick box showing you agreed to the T's and C's

http://www.consumeractiongroup.co.uk...ed-please.html

There's no signature on the agreement! In order for it to be enforceable it has to have your signature on it and that of the bank. If only the bank sign then they have to take you to court to have it enforced and, in your circumstances, the judge would most definitely give you a repayment that YOU can afford.

Were you sent a document with signatures on it or is this it? Apart from the signatures being missing this looks to comply but they could have just made it up. The signatures are the most important part of the document. No signatures, no enforcement!!!

Kind regards
Gemspan

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force on 31st December 2004 and allows for a signature to be simply a tick in a box for on-line credit agreements.

Hi there

Did you get an agreement in the post to sign? I agree that this leaves a lot of risk if a simple tick is being accepted as agreement. Anybody could be applying for the loan in your name!

I'm not up on the law from 2006 I'm sorry but it does seem to be an ass if that is what it was changed to.

Good luck
Gemspan

I really do think that you just have to stick to your guns and send them a copy of the letter from the solicitor. You could also go back to the solicitor and advise them of what has happened.

Kind regards
Gemspan