"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.
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"
Someone has just pointed out that because WELCOME failed to respond to the original CCA request they had no right to sell the account onto CABOT, would this be right, all welcome provided was the adjusted second agreement not the original.