Having requested my CCA from Mint loans on the 30th May,enclosing PO and sent by recorded delivery; sent a follow up letter on the 5th July. again by recorded delivery.

They have responded requesting the payment again and returning my letter dated 5th July, stating

"In the interim period we return your original request and would be grateful if you wish to progress that you return these papers with the missing information"

Any suggestions as to what I should do now?

Thanks

Major debtor 2010

They obviously received the letter, so you need to check on if and when the Postal Order was cashed.

Sent original request by RD with £1PO to Newman DCA on the 30th May, 5th July sent follow up letter, having received a reply that I had ignored dated 9th June stating

"Newman & Co. are unable to provide a copy of the credit agreement as requested due to the fact that our client holds this information. In order to request this information you will need to write to the address below along with the current fee"

I have now received a similar letter dated 8th July.

Any suggestions what action I should now take?, have been able to confirm that original letter was signed for on delivery, but have not been able to confirm that PO has been cashed

they have the legal duty to supply the cca send them this

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

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.

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 would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Many thanks for this draft letter, that is very much appreciated.

Hi All

Latest letter received from Mint loans asking for the £1 yet again; anyone reckon it is worth sending this to them again?

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010001-1.jpg

I am curious about their statement

"As you have failed to provide us with the required information to enable us to comply with your request, your agreement remains enforceable"

Any comments gratefully received

"they have the legal duty to supply the cca"

Is that correct as i'm in a similar position, although they did return the P.O and gave me an address to send the CCA request to....all advice gratefully recieved.

Can anyone please answer the above question?

Thanks

Can anyone please answer the above question?

 

Thanks

You have made your request, after 12 + 2 days the account is in dispute.

Letter above is great, but I would suggest adding the following :

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

"they have the legal duty to supply the cca"

 

Is that correct as i'm in a similar position, although they did return the P.O and gave me an address to send the CCA request to....all advice gratefully recieved.

DCA not complying with CCA request then reply and quote the following.

If it is your view that you are not the creditor, then section.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 section.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.

dpick

Hi All

http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/scanneddocument001-3.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/Debtor/scanneddocument002-2.jpg

Agreement form 1 eventually received today, does anyone think that this complies? or comments would be appreciated as always. Thanks

Attached, is the latest letter received from Wescot

http://i1022.photobucket.com/albums/af343/majordebtor/Wescot29Dec20101.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/Wescot29Dec20102.jpg

I seem to be going around in circles with this one, by the way they are replying to my letter to cease harassment.

Any suggestions welcome!

Thanks

It is rather irritating isn't it! But on the plus side, whilst they continue to split hairs, they're not extorting money from you, and neither are they getting paid off their "Client"

IMO I would send them one final letter and be done with it, don't send it RD send it 2nd class and get proof of posting from the PO, a damn sight cheaper and it is all you will legally require to rely on to show the Judge that they did indeed receive your letter. (A DJ will assume delivery if you produce Proof of Posting)

You'll have to edit this one slightly as they have returned you £1 PO,

http://www.consumeractiongroup.co.uk/forum/content.php?419-Letter-used-when-a-DCA-refuses-to-comply-with-a-CCA-request

You could, if you feel it necessary edit this into the above letter to inform them why you dispute this.

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.

Send it, forget about it, until they send you what you requested, or start bleating about court proceedings, I wouldn't worry.

Thanks that is very helpful!!

Your welcome keep us updated.

Hi All

After months of no correspondence, this morning received a further letter from Wescot see attached

http://i1022.photobucket.com/albums/af343/majordebtor/wescott18thApril2011.jpg

I have sent them two letters one regarding arranging a door step call and the second a copy of the letter I sent them on the 15th November, which itself was a copy i had sent to there predecessors Newman & Co on the 13th July 2010

Any comments welcome

thanks

I've rang them for you! Spoke to 'Neil' very polite lad, told him that as I had spoken to them within 10 days that I am not ignoring their letter, so they don't need to take further collection action....

I'm off to my bank now to demand my £5 back, that they feel they can charge me for using my agreed overdraft! Whatever next??

Thanks for saving me making the phone call!

Well Guys

The latest on this, is that Apex Credit management Ltd have taken over from Wescott.

Have sent them all the usual letters and have now received the attached, any coments or suggestions welcome

http://i1022.photobucket.com/albums/af343/majordebtor/Apex21June20111.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/Apex21stJune2.jpg

Many thanks

MD 2010

i would ignore...you have made your position clear...they can send as much drivel as they want...but until they supply the correct information you can ignore em or tell em to whistle for the money...until which is highly unlikely you get the court papers ignoring them is the best option...

do what they suggest and report them to the financial ombudsman, then ignore the fool

What utter bowlarks!! I doubt they have ever heard of the phrase "when your in a hole.....stop digging!" As previously advised, report their sorry a55 to the FOS, and ignore them. Although I'm thinking a S10 DPA notice wouldn't hurt??

Thanks guys, all much appreciated

Have drafted a s10 dpa notice and it is on its way to them

MD2010

What is an S10 DPA notice?

Its interesting but one of my debts passed to Apex and it appears to me that they are tripping over themselves to confirm they follow the regulations etc. They appear to be very sensitive to acusations...

Hello

a draft s10 dpa notice can be found at

http://www.consumeractiongroup.co.uk/forum/content.php?413-Letter-to-request-the-halt-on-the-processing-of-your-data

MD 2010