I sent the std CCA request letter here on 10 dec 08 and i got a reply back a month late dated 21 jan 09, here is a copy, is this an enforceable agreement?

Thanks Again

MrFury

If that is all they sent, then it is unenforceable as there are no prescibed terms. There is a letter you can send which states they have just sent a copy of your application form, but I am not on my on computer at the moment (so haven't got a saved copy). Will try and find it for you though.

Just realised - the PPI box is ticked. If this was mis-sold then you can claim back all charges

I think this is the one you need:

Thank you for your response to my letter dated xxxxxx 2008, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

Thats such a great letter!

Also enclosed in the envelope were seperate copies of there terms on different pieces of paper but not connected to this document, here is the cover letter...

Thanks again

MrFury

Nice to see they think they have sent you a "true" copy and they think they have sent you a CCA - bless them eh?

I would send off the letter I posted above - there is another one somewhere. I'll have a look, then you can chose which you want to send.

new updates

Hi they are stating that they have provided a 'true copy'

My request for a copy of executed agreement and that they provided a true copy so therefore they don’t have to supply an original copy of agreement. Does anyone understand this and does it count, any advice on how to respond would be a great help here.

latest letter...