I sent off a CCA request (with £1 PO) regarding an agreement that I was defaulted on in November 2003, but paid the lot off in April of 2004.

I asked for the original agreement

a) so I could argue that the default should be removed

and b) that they couldn't hide behind the 'you agreed to the charges when you signed the agreement' when I went for the unlawful charges.

Sent the letter on the 25th July, got this letter back today.

Hi Mike,

can you tell me were you got the CCA request form and how does it work.

Kind Regards,

Sorry, can you clarify what a CCA is?

If I read it right, they can't find a copy of your agreement therefore they have cancelled your debt?

Dear Stuarti & Podgydad

There isn't a form for a CCA request, what you need to do is write to the bank that holds your account with a letter stating

Could I ask that you supply me with a true copy of the agreement. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand that it is your obligation to provide me with a statement of account. I enclose a £1 postal order in payment of the statutory fee.

The thing is that if the bank does not reply within 12 working days, you can legally withold any payment due to them since they are in default of the act. If they do not supply a copy within a month from the date of the letter then they have committed an offence, and the debt becomes legally unenforcable unless the bank gets the authority of a judge to reinforce the agreement. The thing is that when the bank is in default no inters or charges may be added to the account.

CCA is jargon for 'Consumer Credit Act 1974', which governs some of he work that banks undertake, especially loans and credit cards.

The thing is that if the CCA act is not fully complied with the Bank gets into a lot of hot water when they try to enforce the debt. As the letter that started this thread shows, RBS didn't have the necessary documentation to manage my account. This opens up a right can of worms, that really I can't talk about here since it's now obvious that financial institutions read threads to gain insight into waht is going on. I'll post any results when they come to fruition.

Kind regards,

Mike

but paid the lot off in April of 2004.

 

Its a pity I didn't have the info given by this site three years ago it would have saved me

I don't believe that they'd do that without a struggle! In all the threads (Mostly SB's stuff) it always states to use these letters on closed accounts only. I've recently send SB's template letter to Barclaycard (in legalities section) so I'm waiting for a response on that.

 

Wxx

The account is closed thats the daft thing about it. I was defaulted in November 2003, but they were still updating the CRAs in May of 2004

Mike