Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Follow Real_CAG on Twitter
    Cagger since : Dec 2008

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    Default not received a cca drom Mint

    Hi have waited the 12 + 2 days for a reply to my cca
    Sent to Triton who responded to my request by letting me know that they had forwarded it to Mint.

    What is the letter I need to send now

    Many thanks


  2. #2
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    Nagasis's Avatar



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    Cagger since : Mar 2009

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    Default Re: not received a cca drom Mint

    Send the letter below, amend to suit.

    Account In Dispute

    Ref:

    Dear Sir/Madam

    On xx/xx/2009 I made a formal lawful request for a true signed agreement for the alleged account under consumer crediticon 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 entered default on xx/xx/2009.

    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.

    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 would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully
    NAME (print / do not sign)



  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Dec 2008

    Posts
    69

    Default Re: not received a cca drom Mint

    Thanks for quick responce
    will send right away



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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