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I have sent a CCA Letter with enclosed Postal Order for £1. Btw the letter is explicitly clear that I am requesting a copy of agreement, there is no room for doubt that it was a payment to my account.
Egg have emailed me thanking me for my payment that has been credited to my account.
Do I just leave it and wait for the relevant time to elapse before they are in breach of request?
Yes if you have used one of the template letters or written your own stating you require a copy of your CCA under section 78 of the Consumer Credit Act 1974 there can be no doubt.
I am still waiting for a CCA applied for in March 2009 for an Egg credit card. They also cashed my cheque and I can prove it.
It was an agreement dating back to 2001, I recall, so it is almost certainly to be a bodged agreement which was typical of egg agreements at that time.
Suits me, the account is disputed and i have already seen off several DCAs with the OC "bemused" letter.
I am still waiting for a CCA applied for in March 2009 for an Egg credit card. They also cashed my cheque and I can prove it.
It was an agreement dating back to 2001, I recall, so it is almost certainly to be a bodged agreement which was typical of egg agreements at that time.
Suits me, the account is disputed and i have already seen off several DCAs with the OC "bemused" letter.
Did they credit the £1 to your account? thats what they have done with me.
Do you have a link for the OC bemused letter? Ive tried searching but to no avail. Thanks in advance.
Here you go:
ACCOUNT IN DISPUTE
Dear Sir/Madam,
Your ref:
Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.
As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.
Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.
Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
If there is more than one DCA you could also use this:
ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
I did this twice to DCAs that Egg/Citibannk got to write to me and it shut them up right away.
I even invoiced one of them for 200 quid, saying I charge out at one hundred pounds an hour for responding to time wasting letters.
I telephoned them daily for a week with "collection calls" to try and receover the two hundred quid.they quickly wrote back saying that they were no longer handling the case!
Hello Geoffrey Alby,
Just caught up with your thread. Just to give you a "lift"!
I though I was in the "wilderness". I found some wonderful,wonderful people who are just waiting to help. I never knew people cared anymore.Just keep asking and as ALISINDEBT has stated with suggestions people are there.
I know my helpers are super and get back to me very quickly; especially "Emandcole".
Good luck.
wmr
Yes, it seems standard practice to prevent the 6 year rule from applying i.e. it resets the clock.
No they cannot reset the clock, if you have used a CAG template letter with the relevant phrase.
If they are in breach of s78 and have not supplied the agreement, or true copy which they can do, then they cannot enforce due to s78(6)
One counter if they do provide a reconstruction, is to go back to them stating that the CCA1974, requires them to supply a copy of the original agreement, when it has been altered. APR etc.
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Thank you for your letter of **DATE**, the contents of which are noted. I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.
As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved. As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.
Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.
Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
If there is more than one DCA you could also use this:
ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.
Yours faithfully
I did this twice to DCAs that Egg/Citibannk got to write to me and it shut them up right away.
I even invoiced one of them for 200 quid, saying I charge out at one hundred pounds an hour for responding to time wasting letters.
I telephoned them daily for a week with "collection calls" to try and receover the two hundred quid.they quickly wrote back saying that they were no longer handling the case!
Just a reminder that when you send letters of dispute to OC and DCA's, where they have not complied in full, or at all, with the s78 request, you should always add this line.
I woud remind you that persuant to the Consumer Credit Act 1974, s.78(6) provides that whilst a creditor is in default of a request made under sub-section (1) it may not enforce the alleged agreement.
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This usually includes a phrase that the fee is to be used for no other purpose.
copy of letter...
With reference to the above agreement, I would be grateful if you would send me a copy of this Credit Agreement and a full Breakdown of the Account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a Full Statement of Account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a Full Statement of Account should be supplied within 12 working days.
Furthermore, I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the Agreement and Statement of Account under these sections of the Act.
That is not a CAG template. They still sould not use the £1 for any other purpose. Your letter clearly states that the £1 is for s78 request, so don't panic.
This is the CAG template, but push your original request home.
Your Address
Date
Dear Sir/Madam
Re:− Account/Reference Number 4563210025897412
This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.
(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
We look forward to hearing from you.
Yours faithfully
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EGG CCA Request
have emailed me thanking me for my payment that has been credited to my account.
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Originally Posted by GeoffreyAlby
