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Morgan Stanley refuse to supply agreement after CCA request
Wondered if anyone could help please.
Have been paying monthly token payment to Morgan Stanley for a while now. I moved home about a year ago but have continued to pay regularly. Sent a CCA request for copy of original signed agreement and received reply yesterday. They have refused to supply agreement as the address that I now live at is different from the original one related to the account. Usual story asked to call to discuss the matter. Giving me 14 days to do so or file will be closed!!! bloody cheek. I will of course not be phoning!
Is this delaying tactics? Should I reply thanking them for confirming my request and remind them the clock is still ticking and they have but 12 days or I will no longer acknowledge any debt and cease further payment until they produce the documents required?
Re: Morgan Stanley refuse to supply agreement after CCA request
Is this delaying tactics? Should I reply thanking them for confirming my request and remind them the clock is still ticking and they have but 12 days or I will no longer acknowledge any debt and cease further payment until they produce the documents required?
I would write a letter as you suggested, and put the ball back in their court. Why should the address have anything to do with? You are the account holder not your last address.
Re: Morgan Stanley refuse to supply agreement after CCA request
Have sent the following. Morgan Stanley appear to have shot themselves in the foot as far as I can see. They cannot fulfil their statutory obligation to supply documents because I have changed address! Does this then mean that they will view the situation differently should ever they try to pursue any alleged debt, in the fact that I have moved makes no difference? As soon as they make contact with me regarding the alleged debt, at this address, it proves they should have supplied the information in the first place!
Thank you for your letter of the 13/10/06 (no reference No) confirming the receipt of my fully documented request for the supply of a true signed copy of the agreement between myself and youself and the enclosed £1 postal order in payment of the statutory fee, PO Serial Number 1005826198.
Under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) this is my right - your obligation also extends to providing a statement of account.
The legislation further provides that the information should be supplied within 12 working days from the request. Should the creditor fail to supply the information required within one month a criminal offence may have been committed.
Thank you for your invitation to call you. As previously indicated to youselves all communication should be in writing, so that an accurate record of everything that is said can be maintained, should this be necessary at a later date.
Should I not receive the required documents from you within the required time scale, I will not enter into any further contact with yourselves or your agents, as allowed by law, until the statutory requirement has been fulfilled. Please update your records marking the account as ‘in dispute.’
I therefore look forward to receiving the required information in the next few days.
Morgan Stanley refuse to supply agreement after CCA request
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