Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
We applied for cca for our loan account with Egg. This was 16 day business days ago and have recieved a statement of account. We opened these accounts in 04.
What letter should we be now sending and what should we be waiting for. We have not fallen behind with any payments.
Any advice would be fantastic thanks
Just write and tell them that the account is now in dispute by virtue of s77(4) of the CCA 1974 and you won't be paying them until they comply.
Steven
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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
[FONT='Verdana','sans-serif']Hi I sent this reply back by recorded delivery on the 20.01.09 and have not heard anything but all my details are still active on the website. [/FONT] [FONT='Verdana','sans-serif']Is there anything I can do next or do I just wait??[/FONT] [FONT='Verdana','sans-serif'][/FONT] [FONT='Verdana','sans-serif']DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT[/FONT][FONT='Verdana','sans-serif']
Dear Sir/Madam
ACCOUNT NUMBER: XXXXXXX
I wrote to you by recorded delivery on the 4.11.08 asking for a copy of the agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 5.11.08.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired.
All I have received is an annual statement and I have not received a true copy of the agreement as required by S77 Consumer Credit Act 1974. As such, this account has become unenforceable by law. Consequently, I do not acknowledge any debt to your company, and I am ceasing any further payments forthwith and will seek to recover any payments made to date.
Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any letter before action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.
As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.
loan and 2nd stage cca application HELP
. This was 16 day business days ago and have recieved a statement of account. We opened these accounts in 04.
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