I have had no response from Triton to my CCA request - sent 23/02 and confirmed signed for on 25/02.

Do I now send a Dispute letter and if so, can someone point me in the direction of a template for one.

Many thanks.

SD

This one?

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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 is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 78(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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Many thanks Clemma - that's the one I think.

Just one query though - I sent the CCA request to Triton - is this correct, or should it have been sent to the original Credit Card holders RBS?

The request should be sent to who ever is demanding payment.

I was being chased by Triton for debt on an RBS CC. I sent a CCA request on 25th Feb, and didn't hear anything. i then sent the "in dispute" letter.

I received the following letter from RBS last week - dated 27th March

Dear xxxxxx

Re Account Number xxxxxxxx

We refer to your correspondence dated 25 February 2009 and apologise for the delay in our response.

We regret to advise that the card agrement has been misfiled and despite searching our records we have been unable to locate it. Our record of setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires, and I return your £1.00 fee.

In the circumstances we appreciate that under s. 78(6) of the CCA if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enfore repayment of the debt. However we consider that yu should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the Credit Reference Agencies. Payments must continue to be paid using your monthly statement which will be sent to you.

Section 78(6) only prevents us from pursuing recovery of the debt through the courts.

Should further assistance be required, please do not hesitate to contact us at the aboive office.

I trust this clarifies the matter for you.

Yours sincerely

So - what now. The company I work for has gone into liquidation, so I cannot afford to pay this in any case.What happens if I never paid them another penny?

Will they continue to chase?

Can they continue to stuff up my credit file?

Does it eventually go away, of will it stay with me for the rest of my life?

Thanks

SD

If you can't afford to pay it then you can't afford to pay it (agreement or no agreement.)

At least they admit they cannot pursue the matter through the Court but, yes, if you stop paying they will pursue you for the balance with letters and phone calls (if they have your number!) and pass it to a DCA at some point.

What year was this account taken out?

You could, when ever you write to them (or a DCA) put "i do not acknowledge any debt to your company" for the reason that after 6 yrs of no acknowledgment or payments it becomes statue barred. Personally, i think that's a long winded approach and to be honest you will probably have to take them to Court after after the 6 years to get matters concluded anyway.

They shouldn't mess with your credit file but they believe they are above the law and will anyway. Unless you deal with the agreement issue you'll find it hard to sort the credit file issues out IMO.

I know some have sorted those out individually but the CRAs are in league with the lenders and taking on the CRAs without first squashing the lender (agreement) is tough.

I suggest a letter to RBS demanding they discharge your liability and clear your credit file.. what about charges? Any to reclaim first? You can't potentially, have the account written off at some stage then ask for the charges back, if you get me.

There is also this route. Ask them for all documents they would rely on to defend any Court Action you may take. That could be your best chance:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

A couple of similar threads:

http://www.consumeractiongroup.co.uk/forum/legal-issues/177986-unenforceable-loan.html

http://www.consumeractiongroup.co.uk/forum/natwest-bank/179841-natwest-have-lost-my.html

Thanks for the reply Davey. I'm sure there are charges on there - can you point me in the direction of some guidance on getting that process started?

I will have a read of the other threads you mention.

To reclaim charges you first need to know how much they have added, so an SAR should be sent to get all the statements (and anything else they have.)

Use a postal order and don't sign anything. Print the name. They is a case to be said that if you haven't heard from the creditor for some time (months/years) then they should satisfy themselves to your identity but if they have been in constant communication with you, demanding money and sending statements then they know full well who you are. Any rubbish back saying we can't comply because we need a signature, passport copy etc stick to your 40 day timescale and report them to the ICO.

------------------------------------------------------------------------------------

*Data Protection Act 1998 *

*Subject Access Request*

Dear Sir/Madam

*ACCOUNT NUMBER: xxxxxxxxx *(or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

***************

I requested my CCA from RBS for a credit card agreement. They have written to say that it appears to have been misfiled and they cannot reproduce it.

I would now like to see if I have a case against them for unlawful charges.

Could someone point me in the direction of some info on how I go about getting this process underway.

Many thanks

SD

You are going to need some evidence so send out a subject access request and look through your old bank statements if that was how you paid your CC