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Trouble finding the Info for a letter


alfwithhair
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Hello again,

 

Can give me the info you put in letter for disputed accounts

 

Being

You cant pass it on to DCA blah blah

You cant pester me for payment blah blah

You can't add interest blah blah

You can't engage in court action blah blah

 

I am sure you guys no waht I mean I. I have seen it many time on here, but as usual when I want it I can't find it. What a numpty I am :rolleyes:

 

Thanks guys and girls

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Hi Alf

 

this is what i sent littlewoods when they sent me a blank agreement...

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with incorrect personal details simply printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 31st May 2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

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and i sent them this in response to a very ungenerous offer to settle the account...

 

Dear Sirs,

Account No ********

Re: my request under the Consumer Credit Act 1974

 

On 10th May 2007 I wrote to you requesting that you supply me a executed copy of my credit agreement as required under s77-79 Consumer Credit Act 1974. Your response dated 29th June 2007 in no way complied with the requirements of the Consumer Credit Act 1974 .I wrote to you again on the 9th July 2007 outlining what I required from you. To date I have not received a reply to my letter, something which I am extremely disappointed about.

To clarify this situation,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You have failed to comply with the Consumer Credit Act 1974 and as I previously advised I will not be making any payments to your company until such time as you fulfil your obligations under the said Act and supply me a TRUE COPY of the executed agreement for this account.

In addition, I now believe that no executed credit agreement exists as if it did surely you would have sent me a copy to avoid placing yourselves in a position where you are committing a criminal offence under the consumer credit act 1974.also Im sure you are aware that a court is precluded from making an enforcement order under s.127 (3) CCA 1974 where an executed credit agreement cannot be produced before the court

The law is clear that you must supply the requested documents within 12 working days; failure to do so places the account into a default situation where the creditor is unable to enforce the debt. When a further 30 calendar days passes and the documentation is still not supplied an offence is committed. Both these time frames have now well and truly expired and you have not complied

WHAT I REQUIRE

 

I require confirmation on how you propose to remedy this situation; In particular, I require confirmation if you hold an original copy of the credit agreement and if so why you have failed to send me a copy. If you do not hold a copy of the original agreement then I require confirmation that the account balance has been placed at zero and you will no longer be contacting me regarding making payments to the account

 

In addition to the above, if no credit agreement can be produced for the account I require that you remove all the data relating to me from ALL credit reference agencies with immediate effect. The grounds for my request are that the Data Protection Act 1998 requires that all data processed is accurate. Any markers on my credit file which refer to “late payments as a result of failing to keep to the agreement” would be inaccurate as You cannot breach an agreement which doesn’t exist and therefore the data would breach the Data Protection Act 1998.i will also consider if the data on my file could be considered contrary to the Defamation Act 1996. If you do not accede to my request and remove the adverse data from my credit files then I will be left no choice but to pursue legal action to obtain a court order to force removal of the data, in addition I will also pursue a claim for any damages that I suffer and which are clearly quantifiable

 

I look forward to your reply within 7 days.

 

Yours faithfully,

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