havinastella - Below is the letter that I sent them and my first post in this thread is their response to it.
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
THIS ACCOUNT IS CURRENTLY IN DISPUTE
Your Ref XXXXX
Thank you for your letter of XXXXX 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 XXXX I sent a consumer credit act 1974 s77-79 request for a true copy of my credit agreement, a current and fully up-to date statement for this account and a signed true copy of the deed of assignment. I enclosed a postal order of £1.00 being the statutory fee for the above. You did not return this fee.
On XXXXXX a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
I received a letter from you dated XXXXXX stating that you had received my request for a Copy Agreement, and that as this document was retained by your client you would therefore advise them of my request and arrange for the document to be sent as soon as possible.
To date you have failed to supply the following:
· A true signed copy of the credit agreement (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 the original creditor 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)
A current and fully up-to date statement for this account (you are legally obliged to send this, I am not asking for all data held; i.e. a SAR request and therefore you cannot charge for this)
A signed true copy of the deed of assignment (I have not received any correspondence from either the original lender or yourself to prove you now owned this alleged debt)These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
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.
(b) If the default continues for one month he commits an offence.
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, consequently 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, in writing, with your intentions to resolve this matter, which is now a formal complaint.
I would appreciate your due diligence in this matter.
I like the bit in their response as below
You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act. Therefore your details will remain on our records and will continue to be processed lawful
When I looked this up it says SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data
2 The processing is necessary—
(a) for the performance of a contract to which the data subject is a party,
What I want to know is how can I be party to something that I have no knowledge of and they have admitted they cannot provide and admitted the debt is unenforceable. Am I missing something here?
The best of the lot is that there is nothing on my credit file about this alleged debt and there never has been, not from the alleged OC or 1st credit ( I have kept previous copies I requested.)
I thought it was only the OC who could post a default? and surely I would have had to have received a default notice in the first place - which I haven't.
This is why I am convinced that this is not my debt and the fact they admit that they cannot produce any evidence and that this debt is unenforceable makes me even more determined to ignore them.
If you thnk I am missing something or leaving myself open for further aggro from them- please let me know